126 results for 'filedAt:"2023-09-22"'.
Per curiam, the Fifth Circuit finds the district court properly dismissed the Texas inmate's excessive force and sexual assault claims brought against prison officials. Though claims of inhumane conditions of confinement and deliberate indifference to medical needs survived preliminary screening, the cavity search at issue was not unreasonable. It lasted seconds, and so was not “unduly lengthy.” It was performed in the privacy of the inmate's cell and was not conducted in a “humiliating... manner.” That a pen was found in the inmate's waistband also supports reasonableness. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-11239, Categories: Civil Rights, Police Misconduct, Prisoners' Rights
J. Boardman grants two loan officers and Wells Fargo their motions to dismiss for a lack of personal jurisdiction and failure to state a claim following allegations of consumer credit violations brought by a borrower. After the borrower took out a mortgage with the bank, she fell behind on her payments and timely rescinded the loan. Ten years later, Wells Fargo sent her a mortgage bill and continued to do so although she instructed them to stop. Neither of the officers works or lives in Maryland, so personal or specific jurisdiction cannot be applied. Also, the borrower claims that under the Fair Credit Reporting Act, Wells Fargo had no right to report that she falsely owed debts to consumer credit agencies. However, under this act, no private right of action exists, so she cannot proceed.
Court: USDC Maryland, Judge: Boardman, Filed On: September 22, 2023, Case #: 8:22cv1712, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
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