598 results for 'cat:"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
J. Kleeh grants in part the motion of the Lewis County Commission and three deputy sheriffs for partial summary judgment in the deceased parolee’s estate's suit claiming the deputies caused the parolee's death, when following a foot pursuit in the course of serving a warrant for his arrest, the deputies tased, then held him face-down for an extended period until paramedics arrived. The deputies are granted qualified immunity on the estate's excessive force claims, finding it has failed to demonstrate the deputies violated a clearly established right by using their Taser to subdue the parolee, and on its Monell claim of municipal liability against the commission for violating a clear custom and practice, since prior to their apprehension of the parolee they have never been accused of either excessive force or failing to render medical assistance.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: April 4, 2024, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, police Misconduct
Per curiam, the circuit finds the district court properly found in favor of the officers on qualified immunity grounds. Police responded to a call of a suspicious vehicle at an apartment complex to find an SUV parked with 2 occupants sleeping inside. A run of the tags revealed the SUV was stolen. Two officers fired at the vehicle after it suddenly backed into a cruiser, then moved forward, hitting a fence with significant force. Officers thought to have been behind the SUV when it moved were not in the line of sight of the officers who fired, and no clear right was violated by the officers. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-10876, Categories: Constitution, police Misconduct
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J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: Civil Rights, Negligence, police Misconduct
J. Kobayashi partially dismisses a Big Island resident’s claims against the government surrounding safe driving conditions on the island, along with several claims related to his arrest. The government and its agents have immunity in their official capacities but, even in their individual capacities, the resident does not show how they are responsible for what he says is a lack of streetlights and unfair vehicle safety inspections. Claims stemming from his arrest are also denied as he should challenge those in the pending criminal case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 2, 2024, Case #: 1:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: Government, Negligence, police Misconduct
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: Civil Rights, Evidence, police Misconduct
J. Ripple finds that the lower court properly found for the officer on false arrest claims stemming from a man's arrest on charges of being a hit-and-run driver. Three witnesses asserted that the man was the aggressor in the underlying incident, and the officer therefore had probable cause to arrest him based on that information. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 1, 2024, Case #: 23-2574, Categories: Civil Rights, police Misconduct
J. DuBose grants Mobile, Alabama, and its police officer’s motion for summary judgment in this excessive force and false arrest dispute brought by a citizen. The citizen was arrested after a fight pursued in front of a nightclub, but she fails to show enough evidence to state a claim.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: April 1, 2024, Case #: 1:22cv237, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, police Misconduct
J. Kovner dismisses a group of Brooklyn police officers from a civil rights complaint stemming from criminal charges for the alleged sale of cocaine. The litigant fails to allege the officers involved provided the local district attorney’s office with fabricated evidence, depriving him of a fair trial. The court preserves his remaining Fourth Amendment claim for an unlawful cavity search against New York City, but directs the parties involved to file supplement letters addressing whether his allegations stemmed from an official policy or custom.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 29, 2024, Case #: 1:21cv7183, NOS: Other Civil Rights - Civil Rights, Categories: police Misconduct
J. Major partly grants a civilian's motion to compel production of a police officer's personnel files after he performed a leg sweep on him, which resulted in a shattered eye socket. Although the files may contain some irrelevant information, the production of 300 pages is not disproportionate to the needs of the case. Furthermore, the officer's privacy concerns do not outweigh the civilian's need for the requested information, especially given that certain identifying information can be redacted.
Court: USDC Southern District of California, Judge: Major, Filed On: March 29, 2024, Case #: 3:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, police Misconduct
J. Nunley denies, in part, a city’s motion to dismiss a man’s civil rights claims arising from his arrest for murder. He has sufficiently pleaded his claims for malicious prosecution, conspiracy, deliberate fabrication of evidence and related claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:23cv1177, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Joseph partially grants the citizen's motion for attorney fees in his lawsuit over his shooting by Milwaukee police in 2014, which in 2023 resulted in a jury's verdict in his favor on his excessive force and failure to intervene claims and an award of $2 million in damages. As the city and police officers point out, the citizen's request for $474,049 in attorney fees and costs in part bills for excessive time for multiple attorneys, so he is only awarded $239,224 in attorney fees and $149 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: March 29, 2024, Case #: 2:20cv487, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, police Misconduct
J. Smith dismisses claims by a mother who says her daughter was wrongfully removed from her care by the Hawaii County police officers and the state’s human services department. The actions of each of the state agencies and the individual members of those agencies stemmed from reasonable belief that the child should be removed, and the mother could not provide evidence that showed otherwise.
Court: USDC Hawaii, Judge: Smith, Filed On: March 29, 2024, Case #: 1:24cv104, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Agency, police Misconduct
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, police Misconduct
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, police Misconduct
J. Summerhays refuses to dismiss punitive damages claims by a police officer who alleges the police chief violated his First Amendment rights by retaliating against him for warning the public about criminal activity at a Knights of Columbus Hall, managed by the chief’s personal friends. The chief placed him under investigation for a department violation when the off-duty officer used his personal Facebook page to warn the public that there would be a shooting at the local KC Hall, which in fact occurred hours later. The officer’s allegations satisfy the requirements for penalty damages.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: March 28, 2024, Case #: 6:20cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, police Misconduct
J. Bastian grants the sheriff's office summary judgment against the city administrator's complaint alleging that officers arrested him without a warrant for allegedly stealing public funds during his time as the city administrator for the City of Wapato, Washington. The city administrator claims that the sheriff's office should have known that its officers did not have probable cause because he likely did not have the stolen $100 on him a year after the theft, but continuous possession of misappropriated funds was not an element of the crime for which he was arrested, and the city administrator does not present any evidence that further investigation would have unveiled more information.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 1:22cv3058, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, police Misconduct
J. Flanagan partially denies a police officer and municipality their motion to dismiss allegations of Fourth Amendment violations brought by a resident whom the officer grabbed in an attempt to pull her out of her home. The officer, standing just outside the threshold of the resident’s front door, repeatedly ordered her to step outside, twice grabbing her arm in an attempt to pull her outside although he had no warrant. His argument of suspicion is also insufficient, and, thus, he cannot use official immunity as a defense and neither can the city as his employer.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv207, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, police Misconduct
J. Marmolejo denies, in part, two police officers' motion for summary judgment on a man's excessive force claims arising from a car chase that ended with officers firing at him nine times, leaving him wheelchair-bound. They are not entitled to immunity based on his allegations they shot at his disabled vehicle after it drove away into a fence.
Court: USDC Southern District of Texas, Judge: Marmolejo, Filed On: March 27, 2024, Case #: 5:22cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct