223 results for 'cat:"Civil Rights" AND cat:"Immunity"'.
J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow identifiable person imminent-harm exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, immunity
J. Kelly finds a lower court properly dismissed a mother's civil rights and deliberate indifference claims against a police department and a county detention center. The mother argued that corrections employees failed to prevent her son from hanging himself inside of a jail cell, which resulted in his death. However, the corrections center employees are protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: March 29, 2024, Case #: 21-2459, Categories: civil Rights, immunity, Negligence
[Consolidated.] J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow “identifiable person imminent harm” exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:18cv1502, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Damages
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J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: civil Rights, Evidence, immunity
J. Thurston refuses to dismiss a mother’s due process, invasion of privacy and negligence claims against a sergeant related to the murder of her incarcerated son by a cellmate, and officers’ alleged release of photos of his mutilated body. She has sufficiently alleged these claims and the sergeant is not entitled to qualified immunity.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: March 28, 2024, Case #: 1:21cv1349 , NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Prisoners' Rights
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Police Misconduct
J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, immunity
J. Melloy finds a lower court properly dismissed a civilian's civil rights claims against the government. The civilian argued that police officers wrongfully removed him from a motel room without establishing eviction measures, even though his stay at the establishment was part of a program for elderly and vulnerable adults during Covid-19. However, government attorney's sufficiently showed in court that the police officers are entitled to qualified immunity for removing him from the premises based on his status as a hotel guest and not a protected tenant. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 21, 2024, Case #: 23-1835, Categories: civil Rights, immunity, Covid-19
J. Hudson finds the lower court properly granted summary judgment to the health research foundation. Doctors exposed Guatemalan prisoners and sex workers to sexually transmitted diseases without their full consent in an effort to better understand diseases like gonorrhea and syphilis. Although the foundation provided general funding, the doctors who infected the prisoners were not acting as agents of the foundation. Affirmed.
Court: 4th Circuit, Judge: Hudson, Filed On: March 20, 2024, Case #: 22-1678, Categories: civil Rights, Health Care, immunity
J. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, immunity
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: Civil Procedure, immunity, civil Rights
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Police Misconduct
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, immunity
J. Kobayashi dismisses a complaint by a formerly jailed man against a state doctor who he says did not verify his identity when he was wrongfully arrested and detained for several years on a warrant issued for a different name. Although the doctor could have checked hospital records years before — when the man had expressed he was not the same person from the warrant — and contributed to his release, the doctor has qualified immunity as she was not a detective or police officer immediately involved with investigating his case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 15, 2024, Case #: 1:21cv456, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Tort, immunity
J. Morgan denies immunity to four prison officers who allegedly violated an inmate’s constitutional right to basic hygiene and sanitation during his four-day confinement to a “dry cell.” The officers suspected the inmate stored contraband in his rectum, repeatedly ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip-searches, and undergo x-rays; however, no contraband was found.
According to the inmate’s undisputed account, he was denied a shower, not allowed to wash his hands or brush his teeth, and had to eat near an open bucket of human waste.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 13, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, immunity, Police Misconduct
J. Sannes preserves a Black man’s amended civil rights complaint alleging he was wrongfully convicted of rape and sentenced to 16 years in prison. It was discovered later that an assistant district attorney involved in the case coerced the victim into changing whom she believed was the attacker following a lineup procedure. The court finds the assistant district attorney is not entitled to prosecutorial immunity because his duties at the time were investigatory, not prosecutorial, and the county is vicariously liable for his actions. The court also preserves a cross-claim filed by the city of Syracuse against the county and the ADA for contribution, apportionment and indemnification.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 11, 2024, Case #: 5:22cv1241, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Malicious Prosecution, immunity
J. Frank grants the city and police officers' motion for summary judgment in the mother's wrongful death suit stemming from the locally high-profile police killing of her autistic son, Kobe Dimock-Heisler. The police officers are entitled to qualified immunity, since they had probable cause to believe that the son, carrying a knife, posed an immediate threat of death or serious bodily injury to others when they shot him.
Court: USDC Minnesota, Judge: Frank, Filed On: March 7, 2024, Case #: 0:22cv2124, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Police Misconduct
J. Kenney denies in part Lancaster County, Pennsylvania’s motion for summary judgment on a vape shop’s allegations that its police officers conducted a warrantless search and seizure of certain hemp-derived products it sold in violation of the Fourth Amendment. The court cannot determine yet, based on the current facts provided, whether the county’s district attorney and police officers have absolute immunity in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: March 5, 2024, Case #: 5:23cv3000, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, immunity
J. Thapar finds the lower court properly granted the police officer's motion for summary judgment on excessive force claims filed by the suspect who was tasered when he ran from the officer. This court has held the use of such force on a fleeing suspect is reasonable and allows for the application of qualified immunity. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 5, 2024, Case #: 23-3142, Categories: civil Rights, immunity
Per curiam, the Iowa Supreme Court finds that the county and deputy sheriff were properly denied qualified immunity after the deputy shot and killed a man attempting to flee arrest because qualified immunity protections of Iowa Code 670.4A did not apply retroactively to the 2018 incident. Affirmed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 22-1194, Categories: Civil Procedure, civil Rights, immunity
J. Campbell partially grants the metro defendants' dismissal motion in this lawsuit asserting claims for excessive force and negligence in connection with an incident in which an individual experiencing "a mental health crisis" was allegedly shot by police officers with a Taser and a gun, resulting in personal injuries. The defendant police officers are entitled to qualified immunity on the excessive force claim. The constitutional claim against the metropolitan government will not be dismissed, however.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 1, 2024, Case #: 3:22cv173, NOS: Civil Rights - Habeas Corpus, Categories: civil Rights, immunity
J. Johnson grants the dismissal motions filed by the guardian ad litem and the licensed therapist in this lawsuit asserting claims for breach of contract, negligence and constitutional violations in connection with a "protracted and contested divorce and child custody action." The individual defendants are entitled to quasi-judicial immunity, and the mother's claims will be dismissed with prejudice.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: February 29, 2024, Case #: 4:21cv58, NOS: Other Contract - Contract, Categories: civil Rights, Family Law, immunity