184 results for 'cat:"Emotional Distress"'.
J. Williams denies, in part, the police officers' motion for summary judgment, ruling that while they had a valid search warrant, it included only the first-floor apartment of the building, which allows the second-floor resident who was taken from the shower and required to sit naked for 90 minutes during a search of her home to bring Fourth Amendment and emotional distress claims.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:19cv950, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress
J. Nagala denies the boarding school's motion for summary judgment, ruling it could be held liable for the sexual assaults on the student by its dean because it was aware the dean would give physical displays of affection and had access to students as a dorm parent and coach, while the school's administrators also allegedly failed to properly investigate claims of assault when they were first made.
Court: USDC Connecticut, Judge: Nagala, Filed On: October 2, 2023, Case #: 3:20cv1822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence, emotional Distress
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, emotional Distress
J. Kness primarily denies the defendant public high school’s motion to dismiss sexual abuse allegations brought by a group of male former students. The students, who attended the suburban public high school in the 1970s and ’80s, claim a former teacher abused them and other male students for over three decades. They now bring 13 separate claims against the school and the teacher himself. Though the teacher and district argue most of these claims are time-barred, the court disagrees. It allows all but three claims to proceed; and the battery, sexual abuse and due process claims dismissed are tossed only against the school, not the former teacher.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 30, 2023, Case #: 1:21cv2755, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, emotional Distress, Assault
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J. Chang partially grants multiple Chicago-area law enforcement officials’ motion for summary judgment on a wrongfully convicted man’s civil rights case. The man spent over 16 years in jail for a murder he didn’t commit after Chicago police fabricated evidence against him. After his conviction was finally vacated the man brought numerous counts not just against the police who worked to put him in jail, but against Chicago, the Cook County State’s Attorney’s Office, the Cook County Sheriff Department and all others who allowed the police to get away with the framing. In the interests of encouraging the parties to settle, the court fully dismisses all claims against several individual police, while allowing other claims for conspiracy, fabrication, malicious prosecution, infliction of emotional distress and indemnification to stand against the city, county and several individual police and higher-ranking law enforcement officials.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:18cv8144, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, emotional Distress, Police Misconduct
J. Jenkins partially grants Chicago and its police officers’ motions to dismiss Chicago residents’ civil rights claims, brought over the city’s use of the controversial ShotSpotter gunshot alarm system. The residents claim the use of ShotSpotter has led to hundreds of wrongful arrests, not to mention police killings. The court dismisses these civil rights claims against the now-resigned police superintendent David Brown, and also tosses an intentional infliction of emotional distress claim and a malicious prosecution claim against the individual cops implicated in the suit. The rest of the suit against the city and its police stands.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: September 29, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress, Police Misconduct
J. Lum finds a Black Lives Matter representative was not entitled to dismissal of the defamation claim filed by the director of the Board of Education for Denver Public Schools regarding a comment made following her testimony before the Colorado legislature. At that point, she was aware no criminal charges would be filed against the director and had asked the director to speak at a charity event, which would allow a reasonable jury to conclude she knew her statements about alleged sexual assaults were false at the time she made them. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: September 28, 2023, Case #: 2023COA88, Categories: Anti-slapp, Defamation, emotional Distress
J. Gaertner finds that the lower court properly found for the infertility clinic in a suit stemming from its fertilization of the wife's eggs with semen she provided - which was from her paramour, rather than her husband. The husband had multiple opportunities to realize that the sperm used to create the embryo transferred to a surrogate could not have been his, because it predated the lone sample he provided to the clinic. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111405, Categories: Tort, emotional Distress
J. Rush finds that the trial court improperly ruled in privacy claims because evidence remains in dispute regarding whether plaintiff's private medical information had been disclosed to another person in a manner that such could become public knowledge. While negligence claims may also move forward, plaintiff is not entitled to recover damages for emotional distress. Reversed in part.
Court: Indiana Supreme Court, Judge: Rush, Filed On: September 25, 2023, Case #: 23S-CT-116, Categories: Negligence, emotional Distress, Privacy
J. Brown partially rules in favor of the government in a civil rights action as to the individual's claims for false imprisonment, negligence, false arrest and intentional infliction of emotional distress. The action arose after Customs and Border Protection officers allegedly used excessive force and illegally detained the individual during an inspection at the Atlanta airport. The Federal Tort Claims Act carve-out proviso applies to the individual's tort claims and the customs-duty exception to the Act is therefore inapplicable. Genuine issues of fact exist as to whether the officer violated the Fourth Amendment by using excessive force against the individual. The case is ordered to mediation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: September 22, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress, Police Misconduct
J. Winmill partially grants the defendant insurance company's motion for summary judgment in this lawsuit concerning insurance coverage for the insured party's rental property, which allegedly suffered water damage. The property owner's bad faith claim fails as a matter of law, because the claims were "fairly debatable." The company is also entitled to judgment on his claim for intentional infliction of emotional distress.
Court: USDC Idaho, Judge: Winmill, Filed On: September 21, 2023, Case #: 1:20cv538, NOS: Insurance - Contract, Categories: Insurance, emotional Distress, Contract
J. Grimberg adopts the magistrate judge's recommendation and grants the corporation's motion to dismiss an emotional distress, negligent hiring and tortious interference with contract action brought by the individual. The action arose after a buyer represented by the corporation terminated a property purchase contract for the individual's home. The individual's objections to the magistrate judge's recommendation are overruled. The corporation was not a stranger to the purchase contract whether or not it was a third-party beneficiary of that contract. Any emotional distress allegedly suffered by the individual did not rise to the extreme level required to state the instant claim.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:20cv2561, NOS: Mandamus & Other - Habeas Corpus, Categories: emotional Distress, Contract
J. Gremillion finds that the trial court improperly maintained the doctor's exception of no cause of action in the family's suit over the disfigurement of their loved one's body that occurred during the harvesting of her organs after her death. "The first and fourth circuits have recognized the principle that family members have causes of action for the mishandling of a relative's corpse." Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: September 20, 2023, Case #: CA-22-775, Categories: Civil Procedure, Negligence, emotional Distress
J. Shea denies the tenant's motion for a new trial, ruling the jury's finding of liability on the landlord's part for emotional distress and slander did not require an award for damages. The jury instructions explicitly separated liability and damages on each count, which allowed for a verdict in favor of the tenant without damages, especially considering the tenant failed to provide concrete evidence of any damage to his reputation.
Court: USDC Connecticut, Judge: Shea, Filed On: September 19, 2023, Case #: 3:19cv756, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Damages, emotional Distress
J. Jackson finds for the district on a mother's Title IX and intentional infliction of emotional distress claims on behalf of her daughter, who was sexually assaulted by a student at her high school. She fails to show her daughter suffered adverse reactions due to her protected conduct, or that the principal's conduct following their report of the assault was intentional or reckless.
Court: USDC District of Columbia, Judge: Jackson, Filed On: September 14, 2023, Case #: 1:18cv2181, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Education, emotional Distress
J. Brown finds that the trial court improperly denied the companies' motion to dismiss an assault, battery, conspiracy, negligent hiring, premises liability, emotional distress and invasion of privacy action brought by an individual arising from injuries he suffered in a trip-and-fall incident as he was escorted out of his former place of employment. The individual voluntarily dismissed his first action against one of the companies. The other companies are in privity with that company and were parties to the second voluntarily dismissed action or the instant action. The two-dismissal rule therefore applies. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 13, 2023, Case #: A23A0680, Categories: Negligence, emotional Distress, Premises Liability
J. Gallagher grants default judgment in favor of a female massage client who was sexually assaulted by a male masseuse when he touched her breasts and genitals inappropriately during a massage session. An award of $600,000 in combined compensatory and punitive damages is reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: September 12, 2023, Case #: 5:19cv6093, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Settlements, Damages, emotional Distress
J. Calabretta allows to proceed certain civil rights claims filed by the estate of defense attorney Frank Carson, who were arrested on murder-for-hire charges and held for 17 months, but was later acquitted. The estate has sufficiently pleaded a claim for retaliatory prosecution under the First Amendment and emotional distress, along with certain malicious prosecution claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:20cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress, First Amendment
J. Calabretta allows to proceed certain civil rights claims filed by the wife and daughter of defense attorney Frank Carson, who were arrested on murder-for-hire charges, but whose charges were later dismissed. They have sufficiently pleaded claims under the Bane Act, and for intentional infliction of emotional distress and Fourteenth Amendment violations.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:18cv496, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, emotional Distress
J. Nagala grants the employer's motion to dismiss, ruling the employees fired for their refusal to receive a Covid-19 vaccination have abandoned all but their emotional distress claims, which must also be dismissed for the lack of evidence of outrageous conduct.
Court: USDC Connecticut, Judge: Nagala, Filed On: September 11, 2023, Case #: 3:23cv253, NOS: Employment - Civil Rights, Categories: emotional Distress, Covid-19, Employment Discrimination
J. Barbier finds in partial favor of a marine towing company and on a seaman's claims that he suffered physical injuries while attempting to help a “green” deckhand who fell off a barge and into the water. There is no question that the seaman’s previously concealed injuries to his lower back, neck and left shoulder affect the exact same body parts as the injury at issue. However, the employer fails to prove the seaman’s request for benefits and treatment for his alleged psychological injuries were linked to any prior injuries.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: September 8, 2023, Case #: 2:22cv1209, NOS: Marine - Contract, Categories: Maritime, Negligence, emotional Distress