12 results for 'cat:"Civil Rights" AND cat:"Immunity" AND cat:"Wrongful Death"'.
J. Murphy finds the lower court erroneously denied the jail officers' motion for qualified immunity on civil rights claims filed by the estate of the WWE wrestler. It applied the Sixth Circuit's current caselaw standard, not the standard applicable in 2018 at the time of the inmate's suicide. Although current precedent requires prison guards "recklessly overlook" a pretrial detainee's strong likelihood of suicide, the standard applicable at the time of the incident in question required proof that guards "subjectively believed" there was a strong likelihood of suicide. Because all testimony from the guards in this case indicates the decedent never seemed suicidal, was not experiencing any drug or alcohol withdrawals, and was nearly two decades removed from a previous suicide attempt, they had no reason to believe he would kill himself and are entitled to immunity. Reversed.
Court: 6th Circuit, Judge: Murphy, Filed On: February 16, 2024, Case #: 22-5898, Categories: civil Rights, immunity, wrongful Death
J. Nagala denies the prison doctor's motion for summary judgment, ruling his failure to timely address the prisoner's history of hearing loss coupled with the onset of facial numbness and dizziness could be considered deliberately indifferent by a reasonable jury, which precludes the application of immunity on wrongful death and civil rights claims brought after the prisoner died from surgical complications. However, because the evidence brought to support the claims against the nurses consists almost entirely of inadmissible hearsay, the claims against all three nurses will be dismissed.
Court: USDC Connecticut, Judge: Nagala, Filed On: February 1, 2024, Case #: 3:21cv337, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, wrongful Death
J. Bryant denies the police officers' motion for summary judgment, ruling they are not entitled to qualified immunity on excessive force claims brought by the estate. There are too many questions of fact to allow the court to determine whether the officers' actions following an attempted block-in of the decedent's vehicle were reasonable. The speed of the decedent's vehicle, the path of the vehicle in relation to the officers who fired the fatal shots, and whether the decedent struck police vehicles or police vehicles struck the decedent's car are all questions of fact that must be answered by a jury.
Court: USDC Connecticut, Judge: Bryant, Filed On: December 4, 2023, Case #: 3:18cv1594, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, wrongful Death
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J. Stras finds a lower court improperly denied three corrections officers' motion for qualified immunity. An estate administrator argued that corrections officers failed to attempt to resuscitate an inmate who had ingested fentanyl, which resulted in death by overdose. However, the corrections officers sufficiently showed in court that the lower court may have "tilted the scales too far" in the estate administrator's favor. Remanded.
Court: 8th Circuit, Judge: Stras, Filed On: October 19, 2023, Case #: 22-1843, Categories: civil Rights, immunity, wrongful Death
J. Teilborg grants a police officer's motion for qualified immunity concerning excessive force claims brought by an estate administrator. The police officer sufficiently showed in court that the estate administrator's decedent drove erratically in traffic, fled police while armed with a screw driver, and then intentionally attempted to ram his car into an occupied police vehicle. Affirmed.
Court: USDC Arizona, Judge: Teilborg, Filed On: September 14, 2023, Case #: 3:22cv8055, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, wrongful Death
J. Stranch finds the lower court properly denied the police officer's motion for qualified immunity because the evidence in the record indicates no one was in danger at the time he shot the victim, who was slowly coming to a stop in his vehicle and was not in a position to run over the officer. Although the victim initially struck a police officer when he escaped from custody, from that point on he drove under the speed limit, avoided all pedestrians and police officers, and was in the process of complying with the officer's orders when he was shot and killed. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: August 10, 2023, Case #: 22-3285, Categories: civil Rights, immunity, wrongful Death
J. Gibbons finds the lower court properly granted the paramedics' motion for summary judgment on the grounds of qualified immunity because their decision to stop live-saving treatment did not expose the victim to a "private act of violence" that would render them liable for her death. Although the victim eventually woke up in the funeral home after being placed in a body bag, her family members were not prevented from providing medical assistance after the paramedics left the home and the paramedics made no affirmative actions that would allow the estate to pursue a state-created danger theory of liability. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: July 26, 2023, Case #: 22-1681, Categories: civil Rights, immunity, wrongful Death
J. Lioi denies, in part, the police officer's motion for summary judgment, ruling he is not entitled to qualified immunity because a reasonable jury could find in favor of the estate based on witness testimony that the decedent complied with the officer's commands, did not resist arrest, and did not turn to face the officer after the two separated. Forensic evidence also indicates the decedent was more than 30 feet away when he was shot and killed, which contradicts the officer's version of events.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 30, 2023, Case #: 5:20cv674, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, wrongful Death
J. Mathis finds the lower court erroneously granted the jail nurse's motion for summary judgment on the estate's deliberate indifference claim. He knew the detainee had lost consciousness when he examined her injuries and, under jail policy, he was required to transfer the detainee to the hospital. The failure to follow jail policy, when combined with the fact the nurse examined the detainee three times in the span of 10 minutes, is sufficient to allow a jury to find he acted recklessly; therefore, the claims against him will be reinstated. Meanwhile, previous cases from this court with similar circumstances would have put the nurse on notice that a failure to act when a detainee has seizures and loses consciousness would violate their constitutional rights, and so he is not entitled to qualified immunity. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: June 29, 2023, Case #: 22-3904, Categories: civil Rights, immunity, wrongful Death