76 results for 'cat:"Immunity" AND cat:"Police Misconduct"'.
J. Ebel finds that the lower court improperly granted qualified immunity to police deputies after they were sued by a man who says he was arrested and thrown to the ground for criticizing the police while they were questioning his nephew about a car accident. None of the individual’s criticisms towards the police fell outside the bounds of First Amendment protections, so there was no probable cause for arrest. The officers therefore cannot be granted immunity at this stage. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: July 18, 2023, Case #: 22-1154, Categories: immunity, First Amendment, police Misconduct
J. Graves finds the district court properly denied the officers’ motion for summary judgment seeking qualified immunity from the homeowner’s unlawful entry and excessive force claims arising from the officers’ search for a murder suspect which resulted in an innocent 78-year-old man being attacked by a police dog. The officers are not entitled to qualified immunity from the unlawful entry claims, though the canine officer is entitled to qualified immunity for any force employed from the moment he entered the house. Affirmed in part. Reversed in part.
Court: 5th Circuit, Judge: Graves, Filed On: July 14, 2023, Case #: 22-30241, Categories: 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. Tymkovich finds that the lower court properly denied qualified immunity to an officer in an excessive force dispute. The officer used his knee to strike a pretrial detainee at a jail when the detainee was seated on the ground and handcuffed, and it is clear at this stage that the knee strike was excessive and that the officer cannot be shielded by immunity. The lower court did, however, improperly deny immunity to the sheriff. There was no way for the sheriff to know at the time of the incident that his supervision over the officer was deficient, as there is no evidence that there was a pattern of violence against inmates by jail staff. Reversed in part.
Court: 10th Circuit, Judge: Tymkovich, Filed On: July 11, 2023, Case #: 22-5086 , Categories: immunity, police Misconduct
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
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the law enforcement officers on qualified immunity grounds in this civil suit alleging excessive force was used during a narcotics investigation resulting in the death of two subjects. After investigators boxed the subjects into a parking space, the investigation’s target aggressively reversed from the space causing the officers to open fire, killing him as well as a passenger, who was uninvolved. “Graham” factors are all met because the distribution of heroin and cocaine are serious offenses. The vehicle was “weaponized” against the personnel and others, with the driver actively resisting or evading. An officer toward whom the car accelerated was justified in using deadly force. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 27, 2023, Case #: 21-30672, Categories: immunity, police Misconduct
J. Urbanski denies the officer's motion to dismiss excessive force claims in a wrongful death suit stemming from a fatal police shooting where an officer shot and killed an unarmed suicidal man. Under the circumstances alleged, the officer did not have reason to believe deadly force was necessary and he is not entitled to qualified immunity. Further, the family may pursue a Monell claim against the county for its failure to discipline the officer despite numerous reports of his use of excessive force.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: June 12, 2023, Case #: 7:22cv588, NOS: Other Civil Rights - Civil Rights, Categories: immunity, 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. Gonzalez finds in favor of a NYPD officer on the litigant’s remaining malicious prosecution claim. The claim, which stems from charges that he obstructed governmental administration when he prevented first responders entry into his apartment on suspicions of child abuse, had been dismissed prior to trial, but was later reinstated by the U.S. Supreme Court after trial and remanded back to district court. The court finds the officer is entitled to qualified immunity and a jury would not have been able to conclude he lacked probable cause to arrest the litigant for failure to allow entry.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 18, 2023, Case #: 1:14cv7349, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, immunity, police Misconduct
J. Estudillo finds that the female deputy is entitled to summary judgment on the mother's claim for excessive force as part of her wrongful death lawsuit stemming from the fatal shooting of her son by a male deputy. It was "not clearly established that using a mandibular headlock" to remove the son from his vehicle violated his Fourth Amendment rights. The mother does not identify cases sufficient to put the female deputy on notice that her actions were unlawful, so she is entitled to qualified immunity.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: May 16, 2023, Case #: 3:22cv5101, NOS: Other Civil Rights - Civil Rights, Categories: immunity, Wrongful Death, police Misconduct
J. Watson refuses to dismiss two Honolulu police officers accused to wrongful arrest interlocutory appeal of a previous denial of motion for summary judgment as frivolous. One of the officers’ points of errors regarding qualified immunity are not beyond dispute and could be taken up by the Ninth Circuit. “Neither the parties in their summary judgment briefing nor this court has performed an in-depth analysis that compares the facts of any cases to the ones at issue here, such that the court’s disposition is ‘so plainly correct that nothing can be said on the other side.’” Proceedings are stayed until the interlocutory appeal is resolved.
Court: USDC Hawaii, Judge: Watson, Filed On: May 10, 2023, Case #: 1:19cv603, NOS: Other Civil Rights - Civil Rights, Categories: immunity, Jurisdiction, police Misconduct