127 results for 'cat:"Civil Rights" AND cat:"Government"'.
J. Smith finds a lower court properly dismissed a former Missouri council member's civil rights claims against the State. The former council member argued that the lower court erred in abstaining the issue until the results of her impeachment proceedings ended. However, she failed to pursue judicial review in State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-2388, Categories: civil Rights, government
J. Berger grants the Dunbar police officer’s motion for summary judgment in a couple’s suit claim civil rights violations when the officer acted on a tip from his lieutenant to check on suspicious activity at the couple’s home, and after finding probable cause to search the home for marijuana, served them with a warrant that contained erroneous information. The court finds the officer’s “failure to deliver the correct warrant or a warrant free of errors does not rise to a violation of the [couple’s] Fourth Amendment rights.”
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 12, 2023, Case #: 2:22cv230, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government
J. Walker affirms in part and reverses in part the lower court’s order denying the correctional agency and two officers’ motion to dismiss the former inmate’s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate’s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 9, 2023, Case #: 21-0905, Categories: civil Rights, government, Assault
J. Robbenhaar finds that one county official has qualified immunity but that another does not in a convoluted civil rights case involving a New Mexico resident living on “Section 8” assistance, who alleged county officials violated her rights by wrongfully depriving her of rent subsidies and other assistance without providing her adequate notice. One of the officials did nothing through “action or inaction” to affect the resident’s benefits, whereas another official was more directly involved with the “erroneous” change and claims against them remain active for now.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: June 8, 2023, Case #: 1:22cv622, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Immunity
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J. Berger grants the City of Oak Hill and two of its police officer’s motion to dismiss the motorcyclist’s civil rights lawsuit accusing the officers of continuing to pursue him outside the city limits at speeds of up to 100 mph after dispatch ordered them to cease, causing him permanent injuries when the officers did not first call paramedics after he wrecked his motorcycle in a ditch, ending the pursuit. Determining there is “no clearly established precedent establishing that officers must refrain from moving an injured person prior to arrival of first responders with more medical training,” the court finds the officers are protected by qualified immunity. Absent an underlying constitutional violation, the motorcyclist’s municipal liability claim against the city cannot survive.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 5, 2023, Case #: 2:23cv69, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, Immunity