585 results for 'cat:"Police Misconduct"'.
J. Lemmon denies summary judgment to a property management company on vicarious liability claims in civil rights claim by a pregnant tenant who alleges the landlord’s manager directed a sheriff’s deputy to use his authority to attempt an unlawful eviction of her and her family. The landlord argues it had no contractual relationship with the deputy, who was merely the landlord's friend, picking up a key from an evicted tenant. The now-former deputy asserts that he was a “partner” with the landlord, performing repairs, odd jobs and possibly rent collection, for 10% of the profits of the properties he worked on, as well as hotel discounts and cash gifts. Fact issues preclude a finding that “no master-servant” relationship existed between the landlord and the cop.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: June 2, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Landlord Tenant, police Misconduct
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, police Misconduct
J. Broderick finds for the city on the estate's unlawful entry claims, but declines to dismiss claims against the hospital stemming from a man's death after police responded to a mental health call and forced their way into his room, Tasing him three times. Police had probable cause to believe there was an emergency in the apartment, but the estate may pursue claims that the hospital failed to properly treat the man for his excited delirium, causing him to have a heart attack.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 30, 2023, Case #: 116cv1952, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, police Misconduct
J. Flanagan denies, in part, the police officers' motion to dismiss a father's claims arising from the officers' alleged slamming of his handcuffed son to the ground, which fractured the son's elbow. The officers are not entitled to public immunity from the father's gross negligence claim, as he has sufficiently alleged they acted with malice and the incident report recounts a similar recitation of the events as the allegations in the complaint.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 30, 2023, Case #: 4:22CV61, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Orme finds the Standings and Training Council properly suspended the corrections officer’s certification for 3.5 years due to his admission that he masturbated in a staff restroom while on duty at a Utah Department of Corrections prison. Case law guiding on questions of right to privacy, as cited by the officer, does not provide constitutional protection for private masturbation by a public employee at work. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 26, 2023, Case #: 20210217-CA, Categories: Administrative Law, Civil Rights, police Misconduct
J. Funke finds the district court properly affirmed the conviction of the county sheriff for official misconduct by refusing to receive a prisoner into the county jail. The sheriff cites no authority for his theory that, absent a court order, he has inherent authority to decline to receive arrestees. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: May 26, 2023, Case #: S-22-102, Categories: Administrative Law, police Misconduct
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, police Misconduct
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Damages, police Misconduct
J. Richman finds the district court properly granted summary judgment to the city in this suit brought by a DWI arrestee claiming false arrest, excessive force, negligence and vicarious liability. The arresting officer responded to a 911 call reporting an intoxicated driver. He observed the vehicle crossing lines and striking a curb before pulling it over to discover the driver with her minor children in the car. Sobriety tests suggested that she was likely impaired, and after the arrest she admitted to taking Xanax and Hydrocodone. Video evidence of the arrest shows that the officers had probable cause. There is no basis for a negligence claim. Because her underlying state law claims were properly dismissed, there is no basis for a vicarious liability claim. Affirmed.
Court: 5th Circuit, Judge: Richman, Filed On: May 23, 2023, Case #: 20-30507, Categories: Civil Rights, Municipal Law, police Misconduct
J. Faber grants the Mercer County Sheriff’s Department’s motion for summary judgment in a woman’s civil rights lawsuit claiming a deputy used excessive force when he placed handcuffs on her too tight while transporting her from jail to court for an appeal hearing on her misdemeanor conviction for domestic battery. The court finds the deputy is entitled to qualified immunity since the “court has not located nor have the parties pointed to a single case that would have put [the deputy] on notice that his refusal to loosen Pennington’s handcuff would violate her
constitutional rights.”
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: May 23, 2023, Case #: 1:21cv335, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, police Misconduct
J. Shah partially grants a group of Chicago police officers’ motions for summary judgment on malicious prosecution, conspiracy and intentional tort claims, brought by a man wrongfully imprisoned by almost three decades. The police in question framed the man for a 1991 murder by planting false evidence and coercing his confession, and he was only released on an overturned conviction in 2018. The court grants judgment to several individual officers who have not been sufficiently tied to the framing, but the counts stand against the rest.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:19cv2204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, police Misconduct
J. D’Agostino adopts a magistrate judge’s order and enters judgment in favor of the Cohoes Police Department and three of its officers on a self-represented litigant’s claims alleging Fourth and Fourteenth Amendment violations in connection with a traffic stop. The officers pulled him over for allegedly failing to turn on his turn signal within 100 feet of a stop sign and then arrested him after discovering there was a warrant out for his arrest from immigration services. He fails to allege the officers lacked probable cause to initiate the traffic stop or to arrest him.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 22, 2023, Case #: 1:22cv984, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, police Misconduct
J. DeGravelles grants a request by the Louisiana State Police to enforce a settlement with a fired Black trooper who alleged retaliatory termination, arising from his complaints to Louisiana news media about the deadly cover-up of the alleged beating death of a Black motorist and racially disparate discipline for other alleged police misconduct. One week after a written settlement, the fired trooper sought to revoke the deal, saying his attorney allegedly pressured him into accepting an agreement that did not reinstate his position by telling him that “he could not win at trial, nor could he win on appeal.” The settlement “almost exclusively dealt” with the ending of trooper’s employment and his counsel’s warning that she would cease representing him if he chose not to accept the deal was “not an improper threat.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 22, 2023, Case #: 3:21cv656, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, police Misconduct