598 results for 'cat:"Police Misconduct"'.
J. Jolly finds the district court improperly dismissed the former prisoner's assault claim under the Federal Tort Claims Act after prison officials allegedly physically restrained and beat him. The district court held his injuries were minor and not legally cognizable. The applicable tort law does not bar claims based on minor injuries. Reversed.
Court: 5th Circuit, Judge: Jolly , Filed On: April 24, 2024, Case #: 22-30294, Categories: Tort, police Misconduct, Prisoners' Rights
J. Van Meerveld grants summary judgment to the city of New Orleans, dismissing a Title VII racial discrimination suit by a fired white police sergeant who alleges he was disciplined more harshly than nine black officers for similar offenses. The sergeant’s eight social media posts clearly advocate unnecessary force and use terms historically used to demean black people, such as “animals,” and “savages," to describe Black Lives Matters protesters after the murder of George Floyd. The black officers cited were not comparators. The Louisiana Supreme Court reinstated the sergeant with back pay and emoluments on appeal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: April 23, 2024, Case #: 2:22cv5060, NOS: Employment - Civil Rights, Categories: Employment Discrimination, police Misconduct
J. Calabretta denies, in part, a county’s motion to dismiss an individual’s false arrest and related claims in connection with his sale of baby chicks in a parking lot. He has sufficiently alleged claims for unlawful seizure via false arrest, excessive force, and unreasonable search and seizure, among others.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 22, 2024, Case #: 2:21cv1139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, 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. Pechman declines to dismiss the personal representative's federal claims that the sheriff's deputy shot and killed Joshua Sarrett on Sep. 19, 2020, while Sarrett was "unarmed, intoxicated and was only suspected of being a harm to himself." The personal representative adequately alleges that the deputy's decision to seize Sarrett was unreasonable because the deputy did not investigate any crime at the time and the deputy did not ask Sarrett if he was armed.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 22, 2024, Case #: 2:23cv1316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, police Misconduct
J. Marshall grants the protester $1.1 million in attorney fees after a jury found in his favor and awarded him $85,000 in damages on his excessive force and Monell claims that were part of his complaint alleging that the city's officers beat him for participating in a protest against the murder of George Floyd. The city requests a fee reduction because the protester did not prevail on all of his claims, but "the time spent on claims for which plaintiff did not prevail cannot reasonably be separated from time spent on claims on which plaintiff did prevail."
Court: USDC Central District of California, Judge: Marshall, Filed On: April 19, 2024, Case #: 2:21cv6470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, police Misconduct
J. Lagoa finds that the district court properly ruled in favor of the sheriff and deputy in a civil rights action brought by the widower arising after the deputy fatally shot his wife while responding to a 911 call about her suicide attempt. The district court correctly instructed the jury on excessive force and the Baker Act. The modified pattern instructions on excessive force were properly tailored to the scenario the deputy encountered, which did not involve a criminal arrest, and designed to avoid needlessly confusing the jury. Although the Baker Act instruction was incorrect, the error was not prejudicial. The evidence allowed the jury to find that the deputy was justified in determining that the wife could not decide for herself whether a voluntary examination was necessary. The intoxicated wife was holding a knife and told the deputy to shoot her. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 18, 2024, Case #: 22-11106, Categories: Civil Rights, Jury, police Misconduct
J. Cain denies summary judgment to four corrections officers on excessive force claims by an inmate who they say has a history of violent and defiant behaviors and expressing homicidal ideation. A prison video over his cell suggests he “may have taken one step for one second outside of his cell; it does not show that he was attempting an escape or that he completely walked out of his cell.” The video does not show what occurred inside Cell 13, nor is there audio to determine if the inmate was ordered back into his cell.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 18, 2024, Case #: 2:20cv1042, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, police Misconduct
[Consolidated.] J. Joseph grants motions for judgment in this civil rights matter. The mother and sister of a 17-year-old boy who was killed by a former police officer were in the county protesting the district attorney’s decision not to prosecute the former police officer for the death. During what they claim was a peaceful protest, they allege they were forcibly removed from their vehicle and assaulted by police. In a separate complaint, a driver claims he was driving home from work when police rammed his vehicle with an armored vehicle and armed officers surrounded him. He argues his vehicle was unlawfully searched and he was arrested without probable cause. The complainants fail to identify anyone for whom fresh claims may be brought, and all other claims are duplicative, as they were already addressed in prior litigation.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: April 17, 2024, Case #: 2:23cv1321, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, police Misconduct
J. Bencivengo finds that a woman whose conviction for murdering her husband with a hammer was vacated may pursue civil rights claims against the County of San Diego and certain police officers. The woman sufficiently alleges that the county crime lab mishandled evidence and produced "at least four error ridden forensic reports." Her allegations that the crime lab was not accredited and had no manual for the proper handling of evidence are also sufficient to bring Monell claims against the County.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Hamilton finds that the lower court properly found for the city and police detectives in a civil rights suit filed by two suspects who claim the detectives deliberately misled judges and a grand jury to secure a probable cause determination to detain them on charges of first-degree murder, of which they were acquitted. The suspects cannot show that the detectives' alleged false statements were necessary to the judge's probable cause decision, especially as the state's attorney's office conducted its own independent investigation before deciding to file charges. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 15, 2024, Case #: 22-2467, Categories: Civil Rights, police Misconduct
J. Wynn finds the lower court properly denied summary judgment to the police officer. The police were called by the mother of a 15-year-old boy who claims her son was hitting her. When police arrived, they found the teen unarmed and began approaching him as he attempted to back away before lunging toward him and tackling him to the ground. Despite one officer already tasing the teen who was on the ground, the police officer punched the teen five times in the back of the head while he lay helpless. There is still a genuine dispute over whether the officer used excessive force, thus precluding summary judgment based on qualified immunity. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: April 15, 2024, Case #: 22-2115, Categories: Civil Rights, Immunity, police Misconduct
J. Davis finds the lower court properly denied a retired detective’s motion for summary judgment on a plaintiff’s claims of fabrication of evidence and malicious prosecution. The detective argues on appeal that the plaintiff fails to show a substantial evidence claim and the court erred when they denied him qualified immunity. A reasonable jury could in fact find a substantial showing of this evidence that the detective made false statements. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: April 15, 2024, Case #: 22-1963, Categories: Immunity, False Claims, police Misconduct
[Consolidated.] J. Murphy finds that the lower court properly in part denied officers’ motion for summary judgment in these claims of excessive force and failure to intervene. The officers have opposite arguments but cannot justify the force of kneeing and dragging the suing citizen. The plaintiff alleges one officer punched, kneed him in the back while dragging him across the floor and the other officer failed to intervene. This case is partially dismissed for lack of jurisdiction, and the both officers are owed summary judgment on the failure-to intervene claims. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: April 15, 2024, Case #: 22-1990, Categories: Malicious Prosecution, Negligence, police Misconduct
J. Morgan refuses to dismiss for insufficient evidence conspiracy and excessive force claims filed by a black woman who stands 4-foot 8-inches tall and weighs less than 100 pounds. The woman claims that she was walking home after being attacked by teenagers when the deputy, who was responding to a 911 call about a fight, grabbed her by the hair, lifted her off the ground and slammed her to the ground. He remains on the force despite an alleged history of disciplinary infractions and public complaints of excessive force against minorities. She has sufficiently stated a “causal link” between the allegedly deliberately indifferent practices of the sheriff’s office and the deputy’s use of excessive force against her.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 12, 2024, Case #: 2:22cv3332, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, police Misconduct
Per curiam, the circuit finds the district court improperly denied the officers qualified immunity on the arrestee's unlawful prolonged arrest claim. The officers forcefully arrested the truck driver who was parked on private property behind a strip mall, napping. The driver spoke only broken English and was unsure if the officers were real police, which resulted in his resisting arrest. Though the driver says he lacked the requisite mental state to commit the offense of failure to comply, his blatant refusals to exit his vehicle, pulling away from the officers and flailing his arms illustrate his culpability. The court's denial of qualified immunity on the claims of illegal search, excessive force and failure to intervene are affirmed. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 23-50268, Categories: Civil Rights, police Misconduct
J. Daniel denies a pro se litigant’s motion for sanctions against the Aurora police he says arrested him without probable cause, and who now have violated their discovery obligations. The court also denies the litigant’s motion for summary judgment on all his claims against the police, and mostly grants the police’s motion for judgment on the same claims. Of eight claims brought against multiple police and the city of Aurora itself, the court will allow only a single failure to intervene claim against one officer, and two indemnification and failure to train claims against the city, to move forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: April 11, 2024, Case #: 1:21cv4606, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Indemnification, police Misconduct
J. Pepper gives the citizen until June 7, 2024, to file an amended complaint in his pro se lawsuit claiming excessive force and other violations of his rights during two confrontations with police in the 1990s, as the current complaint fails to state clear claims and, as currently pleaded, the claims in the current complaint appear to be time-barred.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 10, 2024, Case #: 2:23cv614, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, police Misconduct
Per curiam, the appellate division finds that the lower court properly found for the city on a man's false arrest claims. An eyewitness identified the man by his race, sex, clothing and location, given the police probable cause to arrest him. His continued detention was established by the eyewitness's specific identification of the ma from a photograph. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01893, Categories: Civil Rights, police Misconduct
J. Conley partially grants motions in limine from the police officer and the citizen in the latter's lawsuit claiming he was stopped and had his car searched without reasonable suspicion, was subjected to excessive force during his arrest and that false pretexts were used to secure a warrant to search his hotel room. The citizen's motion to bar the officer from introducing evidence of his five previous felony and misdemeanor convictions is partially granted, and the officer's lawyer is only allowed to ask him if he has been "convicted of five crimes punishable by imprisonment for more than one year," unless the citizen's answer opens the door to further inquiry. In part, the officer's motions are partially granted in that he can only inquire about the citizen's brother's past convictions in a similar way and the citizen is barred from making a "golden rule" argument asking the jurors to put themselves in his shoes.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 8, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, police Misconduct
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, police Misconduct