10 results for 'cat:"Civil Rights" AND cat:"Due Process" AND cat:"Police Misconduct"'.
J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Drell denies summary judgment to two officers on their argument that excessive force claims by a wanted suspect, subdued after a foot chase and taser deployment, should be dismissed since his own deposition testimony establishes he did not suffer physical injury. The authorities fail to address, much less dispute, the allegations of psychological injury from his arrest including paranoia when he sees police, trouble sleeping and an ability to enjoy time with his children.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: November 27, 2023, Case #: 1:20cv36, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Doughty grants summary judgment to a city police chief and dismisses due process claims by a detective fired for repeatedly lying during an internal probe into whether he intentionally delayed reporting a police brutality criminal investigation to influence the outcome of the city mayoral election. The fired detective cannot establish any acts by the police chief that can be classified as arbitrary and capricious, and, therefore, his due process claim is dismissed.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:22cv828, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Chun dismisses the arrestee's lawsuit alleging that a detective recommended the arrestee on an affidavit for witness intimidation after the mother of a murder victim accused him of telling her, “We’ll just do to you what we did to Wesley [her son]," for wearing a T-shirt with her deceased son's face on it. The arrestee does not present evidence that the detective's decision to not interview him before submitting the probable cause affidavit qualifies as discriminatory conduct, nor does the arrestee prove that the detective violated due process through false allegations, as none of the supposed allegations are conclusively false.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:21cv1203, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
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J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Wolf grants several motions for summary judgment of police officers being sued by a man after they attempted to pull him over for a traffic stop and then entered his home and arrested him. Summary judgment against the man, for his claims of unlawful entry, unlawful seizure and violating the Massachusetts Civil Rights Act, are granted because the officers have qualified immunity.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 22, 2023, Case #: 1:20cv10660, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Albregts denies the city's motion to declare plaintiff a vexation litigant in her civil rights action brought on allegations that the Las Vegas Police Department is stalking her. She says that she was unlawfully arrested while living in Reno, and that when she moved to Las Vegas the police released her booking photo, in which she is bald due to alopecia, to embarrass her. She also claims that U-Haul lost her property and began working with Reno and Las Vegas police, which led to conspiracies involving her apartment management. Though she has shown a pattern of vexatious litigation, she is entitled to notice and hearing. She must show cause as to why she should not be declared a vexatious litigant.
Court: USDC Nevada, Judge: Albregts , Filed On: September 22, 2023, Case #: 2:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct
J. Guaderrama grants summary judgment to the El Paso chief of police and closes a case in which a disability-rights group argued the chief was in violation of the Protection and Advocacy for Individuals with Mental Illness Act following the injury of a person experiencing a mental-health crisis. The relevant and "flawed" laws do not give the advocacy group the right to investigate any alleged abuse or neglect nor to collect records related to the incident, and while there "may be a remedy here...it is with Congress."
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: September 1, 2023, Case #: 3:21cv211, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, due Process, police Misconduct