66 results for 'cat:"Civil Rights" AND cat:"Malicious Prosecution"'.
J. Epps recommends that a civil rights and malicious prosecution action brought by the individual against the Georgia State Patrol and two officers be dismissed. The action arose out of three traffic stops which resulted in the individual being arrested for DUI twice and once for driving with a suspended license. The first DUI charge was disposed of by order of nolle prosequi. Since the patrol is an agency of the state and the state has sovereign immunity, the civil rights claim should be dismissed. The individual failed to allege that one officer lacked sufficient probable cause to arrest him. The individual's state court conviction bars his false arrest claim as to his second traffic stop and arrest.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: December 20, 2023, Case #: 6:23cv70, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Emotional Distress
J. Zainey denies summary judgment to an ex-defendant whose murder conviction was vacated on constitutional grounds after he spent more than 28 years in prison. The former defendant cannot rely on the "self-flagellating” post-conviction admissions of the New Orleans District Attorney in 2021 to fulfill his burden of proof in his civil rights suit against the DA's office, alleging prosecutorial misconduct by prior regimes. When the DA joined the defendant’s post-conviction appeal, he sought justice for the ex-defendant and he did so “at the risk of his own office’s coffers, the protection of which would have better served his own office."
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 7, 2023, Case #: 22cv15, NOS: Insurance - Contract, Categories: civil Rights, Constitution, malicious Prosecution
J. Reidinger concurs with a jury that a man who was allegedly beaten by police officers, who also allegedly shot and killed his dog during their arrest of the man, is not liable for battery on one of the officers who counter-sued him. The court also found that the six named law enforcement officers have no obligation to the man for their actions. However, the man was found to be liable to one of the officers for $40,000 in compensatory damages.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
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J. Gillmor dismisses several counts, including negligence and false arrest, against a Honolulu police officer that arrested a man for sexual assault of a minor in 2003. These claims, brought in 2021, exceed the statute of limitations because the initial arrest and conviction occurred almost 20 years ago, the man was released from prison nearly 10 years ago and the convictions were vacated over two years ago. A malicious prosecution claim against the officer remains however, as time for this claim only began accruing in 2020, when the circuit court dismissed the criminal case on remand.
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 8, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Negligence
J. Pryor finds that the district court properly ruled in favor of the deputy and sheriff in a civil rights, conspiracy and malicious prosecution action brought by a driver alleging that he was illegally arrested, detained and prosecuted for driving a methamphetamine trafficker to an undercover drug sting. Although the probable cause affidavit signed by the deputy contained errors, including a misstatement about the amount of drugs involved and an incorrect claim that the meth purchase happened in the driver's car, the deputy is entitled to qualified immunity because probable cause still existed for the driver's arrest as a principal to meth trafficking. The driver furthered the drug trafficking by driving the dealer to the purchase location and stayed for the whole transaction. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 31, 2023, Case #: 22-12324, Categories: civil Rights, malicious Prosecution
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Immunity
J. Kness grants a narcotics officer’s motion for summary judgment on a Black Illinois man’s false arrest and malicious prosecution claims. The officer, looking to confirm the identity of and then arrest a Black drug dealer known as “Buzzy,” had another policeman pull over a suspect on a bogus traffic stop. The narcotics officer, after getting the suspect’s name, concluded it was Buzzy and charged the man on drug dealing offenses. At trial, a jury acquitted the man of all counts, and he claimed in his subsequent civil suit that the narcotics cop had accused him of being Buzzy simply because he was another Black man in the same age range. Despite this, the court believes the narcotics officer was justified in charging the man falsely identified as Buzzy, and also finds that the narcotics officer has qualified immunity.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 29, 2023, Case #: 1:20cv5072, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Fallon allows plaintiffs to continue several civil rights claims contending Chinese-Americans had been stopped for transporting alcohol across state lines without a license because the allegations sufficiently state claims of false arrest, false imprisonment, and malicious prosecution under Delaware law.
Court: USDC Delaware, Judge: Fallon, Filed On: September 28, 2023, Case #: 1:22cv1065, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Licensing, malicious Prosecution
J. Barrett denies, in part, the county's motion to dismiss, ruling the statute of limitations on the wrongfully convicted individual's malicious prosecution claim did not begin to run until his conviction was overturned in 2020 and, therefore, that claim is not time-barred. Meanwhile, the wrongfully convicted individual's claim that autopsy and crime scene photographs proved he was not the driver of vehicle on the night of the fatal crash is sufficient to support his claim of a Brady violation.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 27, 2023, Case #: 1:22cv315, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, malicious Prosecution
J. Summerhays grants requests by a parish District Attorney and his assistant D.A. who also is a tribal prosecutor, dismissing malicious prosecution claims against them by a former elected tribal leader of the Chitimacha Tribe of Louisiana, who was acquitted of criminal charges related to his former employment at a casino owned by the tribe. “Absolute” prosecutorial immunity bars the tribal leader’s state-law claims against the prosecutors. “There is no dispute that [the tribal leader] was the subject of criminal proceedings, which resulted in his acquittal.” The tribal official’s suit attempted to show that the prosecutors engaged in a frivolous investigation, fabricated evidence, and used perjured testimony at his trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 22, 2023, Case #: 6:22cv404, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Fraud, malicious Prosecution
J. Africk denies a request by the New Orleans District Attorney to dismiss a wrongful conviction claim against his office by a former criminal defendant who spent 26 years in prison following his conviction in 1995 for first-degree murder based on the acknowledged unconstitutional suppression of favorable evidence by prosecutors under a former D.A. The current district attorney’s contention that the freed defendant has no claim against his office because the state is responsible for the parish district attorneys’ actions is “without merit.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 21, 2023, Case #: 2:23cv1922, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, malicious Prosecution
J. Mehalchick finds that Scranton school board defendants are immune from certain liability as high public officials but allows a maintenance director to continue malicious prosecution, false arrest, and false imprisonment claims contending he had been "scapegoated" when the public found out the school contained toxic lead and asbestos, even though he had tried to warn the school about these hazardous conditions for years. The maintenance worker successfully alleges his arrest for endangering children had been based on false statements designed to shield school defendants from responsibility.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: September 11, 2023, Case #: 3:22cv1514, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Immunity
J. Higginson finds the district court properly dismissed this case with prejudice. The delivery driver brought suit against his employer on claims of defamation, false arrest, malicious prosecution and infliction of emotional distress after he was terminated and arrested for theft of product. The company has provided ample evidence supporting their position that they reported their findings with the honest and reasonable belief that the driver was stealing. The driver provides no evidence to dispute this. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-30245, Categories: civil Rights, malicious Prosecution, Defamation
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Grimberg finds in favor of the police officer and sheriff's deputy in a civil rights, malicious prosecution, assault and battery action brought by an individual arising from his arrest following an altercation with the police officer over his violation of courtroom phone etiquette protocol. There was probable cause to arrest the individual because a reasonable person would have believed he committed a criminal offense in his altercation with the officer. The officer is entitled to qualified immunity because he was acting within the scope of his discretionary authority at the time of the incident. The officer's use of force in arresting the individual was reasonable.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:21cv4846, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Immunity
J. Baker partially grants the city officials' and police officer's motion to dismiss a civil rights, malicious prosecution and false arrest action brought by the individual. The action arose from the individual's DUI and vehicular homicide arrest after he had a seizure while driving. The charges against the individual, which he alleges were based on a fabricated theory that he was driving under the influence of fentanyl, were eventually dismissed due to insufficient evidence. The individual's arrest occurred pursuant to a warrant, therefore false arrest is not a valid claim. However, the individual faced a continuous prosecution sufficient to support a malicious prosecution claim. The officer is not entitled to absolute or qualified immunity. The individual plausibly alleged that the officer violated established law by misrepresenting that the individual's medical records showed he had not been administered fentanyl, resulting in the individual's DUI indictment.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: July 21, 2023, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution