10 results for 'cat:"Civil Procedure" AND cat:"Civil Rights" AND cat:"Immunity"'.
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: civil Procedure, immunity, civil Rights
J. Kenney denies in part Lancaster County, Pennsylvania’s motion for summary judgment on a vape shop’s allegations that its police officers conducted a warrantless search and seizure of certain hemp-derived products it sold in violation of the Fourth Amendment. The court cannot determine yet, based on the current facts provided, whether the county’s district attorney and police officers have absolute immunity in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: March 5, 2024, Case #: 5:23cv3000, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, immunity
Per curiam, the Iowa Supreme Court finds that the county and deputy sheriff were properly denied qualified immunity after the deputy shot and killed a man attempting to flee arrest because qualified immunity protections of Iowa Code 670.4A did not apply retroactively to the 2018 incident. Affirmed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 22-1194, Categories: civil Procedure, civil Rights, immunity
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J. King finds that the district court properly dismissed a mother's civil rights and false reporting complaint against two doctors, a detective, a prosecutor and a social worker who alleged she had abused or neglected her son. Her third amended complaint was dismissed because defendants were immune from liability and the complaint failed to state a valid claim for relief. She waived her right to appeal the dismissal of the third amended complaint because her appeal relies on facts and allegations from a proposed fourth amended complaint that was denied by the district court. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49385, Categories: civil Procedure, civil Rights, immunity
J. Breen denies the pro se plaintiff's motion to alter or amend the judgment in this case pursuant to Rule 59(e). The judgment dismissed his civil rights complaint, which arose from certain "petitions to establish paternity and various child support orders." The individual plaintiff failed to object to certain findings in the magistrate judge's report. Also, certain claims are barred under the Rooker-Feldman doctrine, and others are barred by immunity.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 17, 2023, Case #: 1:22cv1103, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, immunity
J. DeGiusti dismisses the Section 1983 claims against the firefighters, finding that they are entitled to qualified immunity in this suit arising from an individual's death after he was allegedly physically restrained following a seizure. Additionally, the defendant police officer is entitled to qualified immunity as to the unlawful arrest and failure to intervene claims against him.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: May 19, 2023, Case #: 5:22cv209, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, immunity
J. Heil grants the dismissal motions filed in this pro se lawsuit arising from an arrest warrant, which the individual plaintiff contends was "improperly obtained." The state officers are entitled to sovereign immunity as to the claims against them in their official capacities, and the individual plaintiff has failed to adequately plead his remaining claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: May 16, 2023, Case #: 4:20cv365, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, civil Rights, immunity