223 results for 'cat:"Civil Rights" AND cat:"Immunity"'.
J. Arguello grants police officers partial summary judgment in claims brought after plaintiff was arrested for failing to cooperate with police as they responded to an overdose call. Officers were entitled to qualified immunity since plaintiff refused to provide information after being identified as a witness and possible participant in a drug-related incident.
Court: USDC Colorado, Judge: Arguello, Filed On: June 20, 2023, Case #: 1:20cv457, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity
J. Bress finds that the district court improperly denied qualified immunity to police detectives in an action alleging the detectives used excessive force when they pointed a gun at an individual and forcefully extracted him from a car, without identifying themselves as law enforcement officers. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: June 16, 2023, Case #: 21-16706, Categories: civil Rights, immunity
J. Jackson finds that the court of appeal properly held that a state-owned facility was not entitled to immunity from nursing home negligence claims in which a patient's wife contends her husband had been denied quality care. Affirmed.
Court: US Supreme Court, Judge: Jackson, Filed On: June 8, 2023, Case #: 21-806, Categories: civil Rights, immunity
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. Thapar finds that the lower court properly granted the police officer’s motion for summary judgment on the grounds of qualified immunity because his use of force on the detained suspect — including tackling him and lifting him up — was objectively reasonable under the circumstances after the suspect actively resisted arrest and tried to escape. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 6, 2023, Case #: 22-1680, Categories: civil Rights, immunity
J. Kelly finds a lower court properly denied a group of Arkansas officials’ motion to dismiss a prisoner’s civil rights claims. The officials argued that they are entitled to qualified immunity and that the defendant does not qualify for relief under the state’s DNA testing statute. However, the defendant, who is Black and set to be executed, presented sufficient evidence in court that DNA testing may reveal that the actual perpetrator was white. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 5, 2023, Case #: 22-1922, Categories: civil Rights, Constitution, immunity
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
J. Lee finds that the district court properly entered summary judgment in favor of police officers in an action alleging that officers violated individuals' Fourth Amendment rights against warrantless arrests and excessive force. The officers were shielded by qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: June 1, 2023, Case #: 21-55867, Categories: civil Rights, Constitution, immunity
J. Mazzant denies the motions for summary judgment in the former police captain's retaliation case stemming from his termination and perjury charge for filing an affidavit supporting a motion to transfer venue for his friend, a jail administrator who was arrested after allegedly facilitating an inmate's escape from the county jail. The captain's speech involved a "matter of public concern" when he expressed that his friend could not receive a fair trial in Wood County, and there is sufficient evidence of a conspiracy to retaliate against him.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 1, 2023, Case #: 4:19cv406, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, immunity
J. Rothstein dismisses the state's immunity defense for the parents' claim that the state followed a New York court order and wrongfully separated the parents from their five minor children and that the children faced severe neglect and harm while under the state's care. The parents provide colorable allegations that the state's investigation was incomplete or biased, as several social workers testified positively about the parents, "yet the state chose to premise its case almost entirely on the testimony" of one social services specialist.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 23, 2023, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, Negligence