76 results for 'cat:"Immunity" AND cat:"Police Misconduct"'.
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: Civil Rights, immunity, police Misconduct
J. Rossman finds that the lower court properly denied qualified immunity to a group of police officers in a police misconduct suit brought by a protester who was hit in the head and knocked unconscious with a beanbag round while attending a protest over the death of George Floyd. The officers claim that their move to fire beanbag rounds into the crowd of demonstrators was called for because a tear gas canister, which was thrown by police into the crowd, was kicked back in their direction. The officers were equipped with gas masks and other gear that protected them from the gas, so a reasonable jury could find that the officers' decision to fire beanbag rounds was uncalled for and that the demonstrators' rights were violated. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: November 14, 2023, Case #: 22-1365, Categories: immunity, police Misconduct
J. D’Agostino grants a police officer’s motion for summary judgment in this excessive force and unlawful arrest claim brought by a civilian. The civilian alleges the officer struck and tackled him while trying to detain him for a domestic disturbance. The court says the officer’s actions were necessary because the civilian made a sudden movement, prompting the officer to protect himself, so he is entitled to qualified immunity. The officer’s motion to strike certain portions of the citizen’s response to the summary judgment and the attorney is denied.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 3, 2023, Case #: 5:18cv952, NOS: Other Civil Rights - Civil Rights, Categories: Tort, immunity, police Misconduct
J. Elrod finds the district court properly granted most of the arresting officers’ motions for summary judgment based on qualified immunity in this suit brought on claims of false arrest. After an anonymous person using a blocked number called 911, threatening officers and an alleged hostage, officers arrived at the location provided to find a man with no hostage and no weapons. He was taken into custody and released when the investigation proved inconclusive. Though the officers credibly believed that lives were in danger, the first officer on the scene asserts that the nature of the probable cause changed from the time of the initial arrest to the duration of the detention, and that there was no probable cause after the original facts had dissipated. The district court improperly dismissed the Fourth Amendment claims against the first officer. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: November 2, 2023, Case #: 21-11100, Categories: Civil Rights, immunity, police Misconduct
J. Marshall finds that a jury must be presented with certain questions before the court can rule on whether the officer is entitled to qualified immunity from claims stemming from an incident in which he shot a driver during an early morning traffic stop, causing the driver to become paralyzed. The jury must resolve disputes as to whether the driver was driving or parked when the officer turned on his lights and whether the officer drew his weapon before or after he smelled marijuana and saw smoke.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: November 2, 2023, Case #: 3:19cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
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J. Brennan finds that the lower court properly granted immunity to police officers who failed to prevent the murder of a witness leaving the courthouse whom they knew was under a death threat. The performance of courthouse security is subject to absolute immunity, and there are no facts that would support a finding that the estate could cure the defect in its pleadings. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: November 1, 2023, Case #: 230035, Categories: immunity, police Misconduct
J. Cartwright denies the corrections officer's motion to dismiss the ex-convict's Fourth Amendment excessive force claim against him, which alleges that the corrections officer punched and otherwise assaulted the ex-convict after ordering him to provide a urine sample for random drug testing, breaking the bones in the ex-convict's right hand in the process. The ex-convict's excessive force claim falls under the Fourth Amendment because he was out on community custody when he was arrested for violations of his community custody sentence, and the corrections officer does not have qualified immunity for the ex-convict's claim because there are three other cases establishing the ex-convict's right of freedom from excessive force.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: October 27, 2023, Case #: 3:22cv5029, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Bredar denies a resident’s motion for leave to file a third amended complaint in a suit she brought against her neighbors, local police officers, their department and the local municipality on allegations of constitutional and state civil rights violations. The resident, a Black woman, had ongoing conflicts with her white neighbors, who intentionally provoked her with racist slurs and blaring music. Her third amended complaint is unnecessary and futile, as it only changed in requesting more damages. The police department is not entitled to qualified immunity on the woman’s class-of-one claim.
Court: USDC Maryland, Judge: Bredar, Filed On: October 27, 2023, Case #: 1:22cv1349, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Sharpe finds in favor of a town police officer on a citizen’s excessive force claims stemming from an incident at a traffic stop. The litigant alleges that, after being given permission by a separate officer to discard a marijuana cigarette, the defendant police officer mistakenly assumed he was destroying or concealing evidence, pulled him from his friend’s car, brought him to the ground and pressed his knee against his back before being stopped by the other officer. The court finds the officer is protected by qualified immunity and that, despite being a mistake, finds his actions were not unreasonable especially in light of the fact that the altercation lasted less than a minute.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 23, 2023, Case #: 1:21cv597, NOS: Other Civil Rights - Civil Rights, Categories: immunity, police Misconduct
J. Wilson vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly ruled the police officers were entitled to qualified immunity from a mechanic’s false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The mechanic was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the mechanic was using intimidation or physical force to intentionally obstruct the officer’s investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: October 20, 2023, Case #: 21-14396, Categories: Civil Rights, immunity, police Misconduct
J. Vera finds in favor of the Los Angeles Sheriff’s Department deputies against the detainee's complaint that the deputies seized his handwritten notes while transporting the detainee from lockup to his criminal preliminary hearing, and that the confiscation of this work product prevented effective cross-examination of witnesses, forcing him to plead no contest and serve one year in prison. The deputies are protected by qualified immunity, because pre-trial detainees have limited constitutional rights to their notes and legal papers, and the detainee does not present case law to sufficiently argue that temporarily confiscating express documents during transport is a clear constitutional right violation.
Court: USDC Central District of California, Judge: Vera, Filed On: October 19, 2023, Case #: 2:22cv4912, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Rovner finds that the lower court improperly denied the police officer qualified immunity on wrongful death claims stemming from his fatal shooting of a suspect following a high-speed chase. The evidence shows that the officer exited his car, and placed himself within a few car-lengths of the suspect's car, who began to move his vehicle forward when the officer fired one shot. The officer reasonably fears for his own safety and that of the public if the suspect resumed his reckless flight. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: October 18, 2023, Case #: 22-2211, Categories: immunity, Wrongful Death, police Misconduct
J. Estudillo finds in favor of the city against the mother's complaint that the city's officer erred when he fatally shot her son, who was in the midst of a mental health crisis. The officer has qualified immunity against the mother's Fourteenth Amendment claim that he should have deliberated before shooting the son, because the son lunged at the officer with a knife while saying, “Just do it, just do it," which made deliberation impractical.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 2, 2023, Case #: 3:21cv5458, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Wilson finds that the district court improperly ruled the police officers were entitled to qualified immunity from the individual's false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The individual was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the individual was using intimidation or physical force to intentionally obstruct the officer's investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 26, 2023, Case #: 21-14396, Categories: Civil Rights, immunity, police Misconduct
J. Moon grants the city and a handful of police officers' motion to dismiss an excessive force claim. The car owner allegedly had 14 officers pointing their guns at him because they believed his vehicle was at the scuffle scene between police and Black Lives Matter protestors from the night before. The officers have qualified immunity for their actions. The car owner failed to allege facts showing that the officers engaged in unconstitutional conduct or that the city maintained a discriminatory policy.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: September 25, 2023, Case #: 6:22cv31, NOS: Other Civil Rights - Civil Rights, Categories: immunity, Equal Protection, police Misconduct
J. Bress finds that the district court improperly denied qualified immunity to a police officer in an action alleging that the officer used unreasonable deadly force when he shot and killed an individual in a police incident at a 24-Hour Fitness gym to investigate an apparent trespasser who was causing a disturbance. The officer's use of deadly force did not violate clearly established law given the specific circumstances he encountered. It was undisputed that the officer and another officer repeatedly warned the individual to stand down, tried to use non-lethal force and engaged in a violent struggle in a confined space with the individual, who had gained control of a taser. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: August 30, 2023, Case #: 20-56254, Categories: immunity, police Misconduct
J. Gesner denies summary judgment to the pawn shop owners on their civil rights claims stemming from their arrest and trial for allegedly knowingly buying stolen goods from a customer. The customer was adamant that the owners were unaware that the items were stolen and a jury eventually acquitted the shop owners. The arresting officer is entitled to absolute immunity because the shop owners' claims focus on his grand jury testimony. Also, the owners present no convincing evidence of their claims.
Court: USDC Maryland, Judge: Gesner, Filed On: August 24, 2023, Case #: 1:20cv1208, NOS: Other Civil Rights - Civil Rights, Categories: Tort, immunity, police Misconduct
J. Ebel finds that the lower court improperly denied an officer qualified immunity after it was alleged that the officer used excessive force against an individual in an attempt to get a cell phone that the officer believed would prove that the individual or his fiancee has abused a child. The individual was resisting the officer during the altercation after being ordered to turn over the phone so as to prevent the destruction of evidence, so the officer was justified in deploying his taser to overcome the resistance. Because the officer's conduct was lawful, he is entitled to immunity. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: August 18, 2023, Case #: 22-1130, Categories: Civil Rights, immunity, police Misconduct
J. Wilson finds the trial court properly found that the officer is protected by qualified immunity for shooting the driver six times. The officer attempted to pull the man over to conduct an investigatory stop and was led on a slow-speed chase through red lights and people’s yards, ending with the driver reaching into the bed of this truck after he was told to show his hands. The officer did not know that the man’s hands were empty when he shot him, and his belief that he was reaching for a weapon entitles him to immunity. Affirmed
Court: 5th Circuit, Judge: Wilson, Filed On: August 17, 2023, Case #: 22-30329, Categories: Civil Rights, immunity, police Misconduct
J. Wright partially denies the city, county and Department of Natural Resources and their officers' motions to dismiss the protester's suit alleging constitutional violations during protests of the death of Daunte Wright. The protester has standing to bring his claims and to seek injunctive relief, and has plausibly alleged that the county sheriff knew of an unconstitutional pattern of behavior by his subordinates sufficient to overcome a qualified-immunity defense. The protester's Fourteenth Amendment claims are dismissed for failure to state a claim, but his conspiracy claims survive.
Court: USDC Minnesota, Judge: Wright, Filed On: August 16, 2023, Case #: 0:22cv1666, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, 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. Rambo allows plaintiff to seek damages against a township police officer who allegedly shot him multiple times in the chest with a taser gun after mistaking him for an intruder in responding to a noise complaint. When the officer found out plaintiff was the occupant, the officer apologized and left, but he returned to cite plaintiff for disorderly conduct, claiming, "I have to give a reason why I fired my taser or I will get in trouble." The officer may not invoke qualified immunity because he failed to prove he had probable cause for using excessive force on an unarmed man who posed no threat to himself or others.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 27, 2023, Case #: 1:22cv1654, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, 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
Per curiam, the Fifth Circuit finds the district court improperly dismissed constitutional claims against the sheriff, alleging deliberate indifference and failure to train. The claimant was arrested after a verbal altercation, and under suspicion of intoxication. After he was processed into the county jail, with each interacting officer saying that he seemed to be intoxicated, the claimant was found unresponsive, transferred to the medical center and was found to be experiencing diabetic complications, with no alcohol or drugs in his system. Case law regarding failure to train was misconstrued as requiring the claimant to establish deliberate indifference and defeat qualified immunity. The Fifth Circuit states that previous liability cases are helpful in determining a supervisor’s notice of unconstitutional behavior by staff but has never held that such are required to prevail. Allegations against other officers and jail staff fail to state a claim or do not defeat qualified immunity. Reversed in part. Affirmed in part. Dismissed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 21-11134, Categories: Constitution, immunity, police Misconduct