41 results for 'cat:"Civil Rights" AND cat:"Tort"'.
J. Mortensen finds that the trial court improperly dismissed a customer's discrimination claim against a Burger King franchise owner. Respondeat superior vicarious liability applies to the Civil Rights Act and a jury must determine whether a shift supervisor was acting within the scope of her employment when she used racial epithets and enlisted a friend to assault the customer. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 18, 2024, Case #: 20221003-CA, Categories: civil Rights, tort
J. Boasberg denies the apartment manager's motion for judgment on the pleadings in the driver's suit alleging that its privately hired "special police officers" improperly assaulted him and pepper sprayed him while he was handcuffed, threatening to take his children away before determining that they did not have authority to make traffic stops or probable cause to arrest him. The driver's first amended complaint does not "necessarily rely" on the existence of a contract between it and its security contractor, and therefore the contract was not incorporated by reference into the complaint and need not be considered at this time. He has adequately argued vicarious liability for the purposes of this motion, though he may not for a summary judgment motion. A motion to amend is granted as to certain clarifying amendments, but the driver is not granted leave to add new entities as defendants. He may add certain additional claims against the security contractor.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 17, 2024, Case #: 1:22cv3098, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Premises Liability
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Police Misconduct
J. Block preserves claims for loss of consortium and negligent infliction of emotional distress against New York City and its police. The suit was brought by the ex-wife and children of a man who was wrongfully imprisoned for 23 years on murder charges. The husband subsequently received a $6.3 million settlement from the city after his conviction was overturned. There are remains a dispute as to whether there was a possibility the two would reconcile their marriage and thus establish a claim for loss of consortium.
Court: USDC Eastern District of New York, Judge: Block, Filed On: March 28, 2024, Case #: 1:14cv3794, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort
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J. Mazzant denies in part the motions of the school district's superintendent and former transportation director to dismiss the parents' second amended complaint alleging their two children were sexually abused by a bus driver who was later arrested and died following his attempted suicide in jail. The parents alleged sufficient facts to defeat the school officials' qualified immunity as to the Section 1983 bodily integrity claims, and their request for punitive damages stands based on the officials' alleged failure to intervene despite the "onboard bus surveillance videos and anomalous GPS data" indicating the abuse.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv814, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, tort
J. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, Employment, tort
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Police Misconduct
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: civil Rights, Education, tort
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: civil Rights, tort, Police Misconduct
J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: civil Rights, tort, Racketeering
J. Douglas finds the district court properly dismissed most claims made by the black property owner against the postal service and two employees. Though the alleged conduct does not fall within tort claims act exceptions, and sovereign immunity does not bar tort claims, the owner fails to state a viable equal protection claim. No facts support her assertion the carriers continued to deliver to similarly situated white property owners while denying her delivery. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: March 20, 2024, Case #: 23-10179, Categories: civil Rights, Government, tort
J. Eagles partially grants a motion for extension of time to obtain timely and valid service to the parents of a Black child whom a white woman allegedly struck in the face while he and his sister visited a swimming pool on the property she manages. The parents do not have good cause for having missed their deadline to obtain service of process on the apartment complex where the white woman worked, but they do show good cause to extend the deadline in their service of suit to the property owner.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: March 20, 2024, Case #: 1:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, tort
J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Police Misconduct
J. Fowlkes grants the city's dismissal motion pursuant to Rule 12(b)(6) in this lawsuit brought by the president of a towing company alleging that the city violated his constitutional rights and committed various torts against him based on an incident involving a city police officer. The tow company executive fails to cite "a custom or policy" behind the alleged Section 1983 violation. Also, the city is immune from suit for the tort claims.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 13, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Immunity
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Property, tort
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Constitution, tort
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: civil Rights, Employment, tort
J. Seeger partially grants an Illinois county’s motion to dismiss a civil rights suit brought by a former county pretrial detainee. The county sheriffs assigned the detainee to a top bunk in a jail cell, despite a nurse’s order that he should be given a lower bunk due to his high blood pressure, and insulted the detainee when he protested. In his high bunk, the detainee suffered a grand mal seizure and had to be taken to the hospital. The court dismisses the state law claims the detainee subsequently brought against the county and its sheriffs, with leave to amend, but allows his ADA and Rehabilitation Act claims to move forward
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 18, 2024, Case #: 1:23cv3442, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, tort
J. Hicks grants the school district's motion to dismiss this negligence and civil rights suit. The mother of the high school volleyball player alleges the coach of the team harassed her daughter for leaving another municipal team he also coached. Allegations led to the coach's dismissal from the high school team pending investigation, which led to other students harassing the player. The mother fails to establish any element of standing regarding the alleged breach of duty of care. The complaint does not contain sufficient factual allegations to show any faculty conduct was extreme or outrageous.
Court: USDC Nevada, Judge: Hicks , Filed On: January 18, 2024, Case #: 3:22cv520, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Negligence
J. Merkl orders counsel for former New York Governor Andrew Cuomo and an unnamed female New York state trooper to proceed with discovery under heightened judicial oversight in an attempt to resolve contentious discovery proceedings. In this case the litigant, who alleges the former governor sexually harassed her and other state employees, received over 48 subpoenas from the former governor, which the court finds is an attempt to uncover material that could impeach the litigant and several non-party state employees. Discovery will be subject to a series of limitations and will proceed in stages, with documentary discovery taking place followed by depositions.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: January 16, 2024, Case #: 1:22cv893, NOS: Employment - Civil Rights, Categories: civil Rights, tort, Discovery
J. Bell grants in part a school board’s motion dismiss the second amended complaint brought by a disabled student’s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student’s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school’s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother’s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: civil Rights, tort, Negligence
J. Rodriguez partially grants Kerrville Independent School District’s motion for summary judgment after it was sued by a former student alleging that she was sexually abused during her time at the school district. While the student may overall proceed with her lawsuit, she has not adequately alleged some negligence claims against the school district, including for failure-to-train, because there is a genuine dispute as to whether school officials “actually knew that there was a substantial risk that sexual abuse would occur.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 30, 2023, Case #: 5:21cv369, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, tort
J. Dever grants the natural guardians of a disabled minor child their motion for partial summary judgment against a school board after the child’s educational assistant was convicted for assaulting her. The assistant, who was hired to support the non-verbal child with all tasks, reportedly beat her behind the cafeteria with a metal serving spoon so severely that the spoon bent. The board made several defenses including statute of limitations and immunity. Under the federal civil rights code the guardians invoke, the board is able to be sued just like a municipality and can therefore not use an immunity defense. Also, the guardians brought this litigation well within the statute of limitations and are thus allowed to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 27, 2023, Case #: 5:23cv243, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, tort
J. Reidinger grants summary judgment to a law enforcement officer who allegedly pulled over a motorist and twisted his arms behind his back causing injury. The motorist, who alleges the officer violated several state and constitutional laws, was driving to meet someone and turned around after seeing a line of cars stopped in front of him. The line was a seatbelt checkpoint, so an officer tailed the motorist, assuming he was evading the checkpoint. The motorist allegedly did not stop for over three miles, then pulled over and got out of the car. The officer then allegedly twisted the motorist's arms to the point of injury that required medical attention. The motorist's claims of civil rights violations, unreasonable arrest and excessive force all fail because, based on his actions, the officer had probable cause.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, Police Misconduct
J. Chasanow grants in part Maryland’s attorney general and three Montgomery County police employees’ motions to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. It is not in the public interest to prohibit state officials from prosecuting under the anti-harassment law, “in effect giving [plaintiff] carte blanche to harass MCPD employees via phone and email, prior to determining the constitutionality of those laws.” The individual’s motions for preliminary injunction, restraining order, summary judgment and to disqualify counsel are all denied because he has failed to produce any evidence other than a copy of an email.
Court: USDC Maryland, Judge: Chasanow, Filed On: October 18, 2023, Case #: 8:23cv338, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, tort
J. Cogburn grants a police officer’s motion for summary judgment in a suit brought against him by a driver alleging he used excessive force after he pulled her over for suspected drunk driving. Although the officer applied a breathalyzer and field sobriety tests, which were positive for alcohol content, the charges of driving while impaired and reckless driving were dropped. When he tried to arrest her for drunk driving, she refused until he used an arm-bar takedown technique to get her on the ground to handcuff her. The driver claims she suffered multiple injuries as a result, including herniation of spinal discs, a black eye, and cuts and bruises all over her face, breasts, legs, and back. Although the driver invokes her Fourth and Eighth Amendment rights, they fail in the face of the officer’s state sovereign and qualified immunities.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 1:21cv166, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, tort