9 results for 'cat:"Civil Procedure" AND cat:"Assault"'.
J. Stiles finds that the trial court improperly dismissed the business patron's suit alleging battery and false imprisonment with a dangerous weapon by a police officer who had responded to a complaint of overcrowding at a party. The patron's claims were subject to the two-year prescriptive period instead of the one-year prescriptive period since they involved "crimes of violence" by the officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: CA-23-521, Categories: civil Procedure, assault, Police Misconduct
J. Snauffer finds that the trial court erroneously dismissed as time-barred a childhood sexual assault complaint that lacked unredacted certificates of merit. The statute of limitations was tolled by an emergency rule enacted in response to the Covid-19 pandemic. The individual has 95 days to refile the complaint with unredacted certificates of merit. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: January 9, 2024, Case #: F086315, Categories: civil Procedure, Covid-19, assault
J. Maze grants, in part, a steel supply company and four coworkers’ motion to dismiss in this employment dispute brought by a former employee. The employee alleges race discrimination, sexual harassment, physical abuse by three coworkers, retaliation and he was wrongfully terminated for threating a lawsuit to the supervisor. The court dismisses the steel supply company on all claims, but the retaliation claim shall proceed since the former employee was terminated before he could file a EEOC complaint. The former employee may proceed against three of the coworkers on the assault and battery claims. The remaining parties must meet confer on the claims that persist.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:23cv625, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, assault
J. Stratton finds that the trial court did not err when it dismissed a student's complaint that a teacher grabbed and twisted the student's arm, causing injury. The student's mother did not file a claim with the school district stating that she was seeking damages as a result of the incident. The form the mother filed with the school district stated that she was seeking discipline against the teacher. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 28, 2023, Case #: B318012, Categories: civil Procedure, assault
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J. Campbell denies the dismissal motions filed in this lawsuit brought by a nonprofit organization alleging violations of the Freedom of Access to Clinic Entrances Act, as well as trespass, assault and nuisance, against a group of protesters. The nonprofit corporation has statutory standing, and it has stated a claim for relief under the Act. Also, the procedural mechanisms of the Tennessee Public Participation Act do not apply.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: August 23, 2023, Case #: 3:22cv565, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Health Care, assault
J. Whitehurst holds that a Louisiana student has “more than diligently” attempted to serve a lawsuit filed in 2021 on a French national who continues to evade service and criminal charges on allegations that he raped her on a college retreat. The lower court ruling makes “no findings or conclusions” regarding the woman’s request for reconsideration of a district judge’s recent order denying her request for default judgment against the rape suspect. The alleged victim has properly served the French fugitive either by mail or by email.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: August 14, 2023, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, International Law, assault
J. Rice denies the university summary judgment regarding the student's assault and battery claims, which arises from her lawsuit alleging that her boyfriend raped her in her dorm room at the university. It is currently unclear if this claim is time-barred as there is a dispute on whether the Woodinville address of the boyfriend's father, where notice was served, qualified as the boyfriend's address, and thus if that caused an unreasonable delay for litigation.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: civil Procedure, Education, assault
J. Brailsford grants the dismissal motion filed by the sheriff's office in this lawsuit stemming from an individual's arrest and subsequent detention in the Ada County Jail. The individual contends that he was subjected to a "body cavity search" and asserts claims under Section 1983 for violations of the Fourth and Eighth Amendments. However, the individual plaintiff "fails to allege the requisite facts to hold a municipality liable" under Section 1983. Also, his state law claims must be dismissed against the sheriff's office, as he did not comply with the notice requirement.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 21, 2023, Case #: 1:22cv318, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, Civil Rights, assault