89 results for 'cat:"Civil Rights" AND cat:"Negligence"'.
J. Contreras denies, in part, Home Depot and others' motion for summary judgment on a shopper's claims arising from his near-arrest after a security guard mistakenly thought he had stolen an air conditioner. There are questions of fact that preclude judgment on his claims for false arrest and defamation.
Court: USDC District of Columbia, Judge: Contreras, Filed On: September 30, 2023, Case #: 1:20cv1940, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Defamation
J. Cogburn denies a female police officer and the City of Charlotte their motion for summary judgment after the female officer shot a male officer in an attempt to serve a search warrant on a known violent criminal. Several officers arrived the house where they intended to serve the warrant. After the officers used a battering ram to knock a door down, shooting came from inside and the male officer was hit. In apparent confusion, the female officer shot at the male officer 14 times before someone identified him as an officer. His injuries required multiple surgeries and he is unable to return to work as an officer. His bulletproof vest with the word “police” across the back were obscured by a jacket, which puts his claims of negligence, assault and battery and intentional infliction of emotional distress into question. Therefore, summary judgment is not possible at this stage and the case will proceed to trial.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2023, Case #: 3:22cv60, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Assault
J. Land finds that the trial court improperly denied the estate's motion for summary judgment as to claims arising under the Georgia Constitution in an action brought by the individual after the decedent, a sheriff, fired buckshot at him during a high-speed motorcycle chase. However, the trial court correctly denied the motion with respect to the individual's battery and negligence claims because a genuine issue of fact exists as to whether the sheriff shot at the individual with actual malice or intent to injure him. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A0741, Categories: civil Rights, negligence
J. Pallmeyer denies the plaintiff group of mental health patients' motions for summary judgment, and partially grants the defendant staff of a mental health facility's cross-motions for summary judgment. The patients make multiple negligence and liability claims, arguing the staff should have protected them from a social worker who was sexually abusing them. But the court finds the patients have not sufficiently alleged their supervisory liability and due process claims. The court also tosses the patients' failure-to-intervene claim against one staff member, but the same claim against a separate staff member survives.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: September 25, 2023, Case #: 1:17cv7909 , NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Health Care, negligence
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J. Chuang partially declines to dismiss a complaint stemming from a U.S. Marshall Service canine biting the girlfriend of man being arrested. The canine the officers brought with them to help with the arrest of the boyfriend was trained to bite the first person it saw upon entry into a room, which was the girlfriend. A genuine dispute of material fact exists as to whether the officers were aware that the girlfriend would be present during the execution of the warrant.
Court: USDC Maryland, Judge: Chuang, Filed On: September 25, 2023, Case #: 8:20cv845, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Police Misconduct
J. Veljacic finds that the lower court properly ordered a new trial in a sexual assault dispute brought by a former patient of a child treatment center who alleges she was abused by a counselor. The move for a new trial came after it was revealed that one of the jurors had not released important information regarding their legal history during voir dire. Because the information related directly to the case and child protective service issues, it was a lack of transparency that well supported a new trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: September 19, 2023, Case #: 53826-1-II, Categories: civil Rights, Jury, negligence
J. Smith finds the district court properly dismissed constitutional claims brought by the family of the inmate who died in custody due to his severe breathing issues, for which the county's medical contractor failed to provide standard medical care and then falsified reports. Though the family has settled with the contractor and its involved nurses, a prison guard confirmed that the inmate had access to his inhaler and was within the bounds of his prescribed breathing treatments at the time of his request for help. No indifference is shown rising to the level of cited cases. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: September 14, 2023, Case #: 22-50673, Categories: civil Rights, negligence, Prisoners' Rights
J. Colville allows a high school wrestler to continue negligence claims arising from a hazing incident in which he had been bound by teammates, beaten, and anally penetrated with a wooden stick because the wrestler sufficiently pleaded wrestling coaches were aware of and encouraged hazing activities.
Court: USDC Western District of Pennsylvania, Judge: Colville, Filed On: August 25, 2023, Case #: 2:21cv1088, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, negligence
J. Cogburn grants summary judgment to the City of Charlotte, a mental health agency, an insurance company and individuals employed by each after a man’s mother sued them following the man’s suicide while he was in police custody. The man, arrested and accused of shooting a hotel clerk, attempted suicide by stabbing himself in the neck with a pen, then throwing himself backward in a chair during intake at the jail, but the detective interviewing him failed to report this incident to anyone; that detective is not party to this suit. From then on, the man denied any recent thoughts of suicide and reported, and appeared by all accounts, to be stable. He did not report his attempt to anyone, and all reports attest that those party to this suit did their due diligence to assess the man’s mental health status before he jumped from the second floor inside the jail and died the next day. His mother fails to present any evidence sufficient to proceed on her claims of civil rights violations. Also, some parties are protected by sovereign or governmental immunity.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv370, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Prisoners' Rights
J. Fitzwater denies, in part, a healthcare company, doctor and nurse's motion for summary judgment on a mother's claims regarding the allegedly deficient prenatal care she received while in jail. Although the claims are time-barred as applied to the mother, the claims will proceed on behalf of her twin children.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 16, 2023, Case #: 3:20cv45, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Medical Malpractice
J. Settle denies the jail nurse's motion to dismiss the detainee's medical negligence and deliberate indifference claims alleging that the nurse falsely documented that the detainee did not have impaired mobility from his ankle injury following a chase with the county's police officers. The detainee plausibly alleges that the nurse's alleged actions did cause him injury if it is proven that the nurse falsely reported that the detainee did not have any recent hospitalizations and did not have impaired mobility issues.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 11, 2023, Case #: 3:22cv5862, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence
J. Smith finds a lower court finds a lower court improperly dismissed an inmate's negligence claims against a prison system. The prison system argued that the inmate, who suffered serious injuries as a result of a brutal beating at the hands of another prisoner, did not exhaust his administrative remedies. However, the inmate presented sufficient evidence in court that the lower court's ruling was premature based on his inability to file a grievance within five days based on brain trauma, which left him in intensive care for 11 months. Reversed.
Court: 8th Circuit, Judge: Smith, Filed On: July 26, 2023, Case #: 21-3356, Categories: civil Rights, Health Care, negligence
J. Gonzales dismisses some negligence claims against law enforcement agencies and officers in a complex civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” A precedent cited by the person who brought this suit involved a sheriff department’s “complete failure to respond to a call reporting a crime in progress,” whereas this case instead involved a “dynamic” situation, and the person suing has not shown that law enforcement’s actions were so negligent as to overcome immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Police Misconduct
J. Marshall grants a police officer’s motion for summary judgment against claims of having used excessive force when tasing a man, paralyzing him, when responding to a domestic violence call.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: July 17, 2023, Case #: 3:21cv75, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Police Misconduct
J. Nunley denies, in part, a city and three individuals’ motion to dismiss a woman’s civil rights claims related to her arrest. She has sufficiently pleaded her claims for Monell liability against the city, negligence and assault, along with her state law claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: July 13, 2023, Case #: 2:19cv1896, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Assault
J. Self grants the department's motion for judgment on the pleadings as to claims for violations of the Eighth and Fourteenth Amendments in a civil rights and negligence action brought by the mother. The action arose out of the son's death by suicide in solitary confinement in prison. The mother failed to sufficiently allege that two prison staff members had subjective knowledge of the son's suicidal tendencies or high suicide risk. The mother also failed to allege how the officer-in-charge was deliberately indifferent to the son or how her knowledge of insufficient staffing in the prison created a strong likelihood that the son would self-harm. The action is remanded to the superior court.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 30, 2023, Case #: 5:23cv139, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Prisoners' Rights
J. Gillmor dismisses negligence and emotion distress claims filed against Honolulu by an individual who was wrongfully convicted and imprisoned for sexual assault. The claims are time-barred, as the conviction occurred nearly two decades ago and the individual had been released from prison for eight years by time of the suit. The wrongfully convicted individual was also unable to specify who exactly from the city acted against him and in what manner.
Court: USDC Hawaii, Judge: Gillmor, Filed On: June 22, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, negligence
J. Drozd denies, in part, the state, highway patrol and officer’s motion for summary judgment on an individual’s claims arising from a non-lethal police shooting. There are genuine issues of material fact regarding the individual's claims for negligence, battery, and unreasonable search and seizure.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: June 16, 2023, Case #: 2:19cv2343, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Experts
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, negligence
J. Dimke dismisses the family's lawsuit alleging that the city's paramedics' negligent administration of epinephrine via IV to the asthma-suffering decedent caused a seizure that exacerbated his severe asthma attack, causing the decedent to die 18 days later. Although the paramedics did not explicitly document their deviations from protocol, such as not calling the hospital before administering IV epinephrine, they acted according to their observations and training to aid their patient under the supervision of a trained doctor, and thus acted with "slight care" that negates the family's negligence claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 2, 2023, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence