39 results for 'cat:"Civil Rights" AND cat:"Immunity" AND cat:"Police Misconduct"'.
J. Manglona grants summary judgment and reconsideration to two police officers accused of violating the Fourth Amendment by allegedly blocking a man from leaving the premises using their cars and wrongfully arresting him. He did not show that the cars effectively prevented him from leaving; rather, he had walked off his property during a confrontation with the officers when they arrested him. The officers are also entitled to qualified immunity as the man did not show that they acted unconstitutionally or in a way beyond the scope of their positions as police officers.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 14, 2023, Case #: 1:22cv1, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Jenkins grants Chicago and a group of Chicago officers' motion for summary judgment on a number of civil rights claims brought by a man wrongly held in pretrial detention for five years. Despite the years the man waited without a trial, the police by-and-large acted reasonably in detaining him on suspicion of a robbery. Also, several of the officers are entitled to qualified immunity regardless.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 25, 2023, Case #: 1:19cv4001, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. St. Eve finds that the lower court properly found for the police officers on a man's unlawful entry and excessive force claims stemming from a wellness check where police Tased him twice and gave him a concussion. A jury reasonably found that exigent circumstances justified warrantless entry through the doorway due the man's violence towards his mother and lack of cooperation with police. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 11, 2023, Case #: 22-2757, Categories: civil Rights, immunity, police Misconduct
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J. Van Keulen finds in favor of San Jose officers and officials in a civil rights case brought by an individual who says police, while investigating a domestic dispute, hauled him out from a shed while a police dog was biting down on his ankle, leaving him with injuries that required surgery. The actions of the officers fall in the "hazy border" between acceptable and unacceptable force, but ultimately the individual has not carried his burden to show that a reasonable officer would know that the duration of the dog bite was unconstitutional.
Court: USDC Northern District of California, Judge: Van Keulen , Filed On: July 7, 2023, Case #: 5:21cv7838, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Selna finds that the district court properly entered summary judgment in favor of law enforcement for the seizure of and use of force against an individual while police were investigating her son for allegations that he planned to commit a school shooting. During the interaction, the Deputies held the individual's arms and used a twist lock to prevent her from leaving. Police also pointed a firearm at another individual and restrained him with handcuffs. The district court found that the Deputies did not use excessive force during the couple’s detention and, even if they had, qualified immunity applied. However, the district court’s erred in granting summary judgment on one individual's Fourth Amendment claims and reinstated his pendent state law claims. Affirmed in part.
Court: 9th Circuit, Judge: Selna , Filed On: July 7, 2023, Case #: 22-15690, Categories: civil Rights, immunity, police Misconduct
J. Moritz finds that the lower court improperly granted qualified immunity to a police officer after he was sued for following a civilian home, blocking his driveway while shouting at the other person, and drawing his gun, all while out of uniform, off duty and with his child in the front seat. The officer's conduct was clearly "egregious
and unlawful," which is supported by the fact that the officer was later fired for the incident and convicted of assault and child endangerment. However, claims against the then-sheriff were properly tossed, as the civilian waived his challenge to a ruling where his legal counsel agreed to the dismissal. Reversed in part.
Court: 10th Circuit, Judge: Moritz, Filed On: July 5, 2023, Case #: 22-2027, Categories: civil Rights, immunity, police Misconduct