16 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Immunity"'.
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, Categories: civil Rights, constitution, immunity
J. Erickson finds a lower court properly dismissed a case manager and a corrections employee's motion for qualified immunity concerning an inmate's Eighth Amendment claims. The case manager and the corrections employee argued that they did not act with deliberate indifference when they deprived him from obtaining toothpaste. However, the inmate sufficiently showed in court that he used his money from an inmate account to buy toothpaste, and suffered tooth decay as a result of not receiving it. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 24, 2024, Case #: 22-3617, Categories: civil Rights, constitution, immunity
J. Bennett finds that the district court improperly entered summary judgment denying qualified immunity to police officers in an action alleging First Amendment retaliation arising from the investigation of two arsons. A couple alleges that in retaliation for remaining silent during police questioning, detectives opened criminal investigations against them. The couple failed to show that the detectives’ conduct violated clearly established law. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: September 29, 2023, Case #: 22-16236, Categories: civil Rights, constitution, immunity
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J. Shea denies, in part, the police officers' motion for summary judgment, ruling disputes of fact regarding the traffic stop of the black driver for use of his cell phone, including whether he actually used his phone while driving and how much activity the officers observed before initiating the stop, prevent judgment in their favor or the application of qualified immunity on the driver's Fourth Amendment claim.
Court: USDC Connecticut, Judge: Shea, Filed On: September 28, 2023, Case #: 3:21cv452, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, immunity
J. Barbier denies requests by four law enforcement officers to dismiss excessive force claims by the daughter of a visibly distressed armed man who they fatally shot, allegedly firing a majority of their 36 shots after he dropped his gun and fell to the ground, incapacitated. The facts raise a reasonable expectation that discovery will reveal evidence that one of the officers, a Louisiana State Police trooper, fired his weapon at the gunman after he no longer posed a threat. The Fifth Circuit has held that police excessive force claims are fact-intensive inquiries, requiring an examination of the totality of circumstances to determine whether an officer in the same situation would have concluded that a threat existed justifying the particular use of force.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 31, 2023, Case #: 2:22cv4587, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, immunity
J. Colloton finds a lower court properly dismissed a corrections officer's motion for summary judgment concerning claims for qualified immunity. The corrections officer argued that he was entitled to relief on a detainee's constitutional violations claims. However, the detainee presented sufficient evidence in court that the corrections officer sexually harassed him during a strip search by forcefully squeezing his penis, which resulted in the detainee undergoing medical care for his injury. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 25, 2023, Case #: 22-2640 , Categories: civil Rights, constitution, immunity
J. Higginson finds the district court improperly denied qualified immunity to the Texas Parks and Wildlife game wardens, accused of civil rights violations when investigating allegations of the property lessee’s illegal hunting leasing and title forgery. The lessee did not have permission from property owners to sell hunting opportunities, nor did he have a hunting lease license. He alleges that the wardens did not have probable cause, but does not argue the wardens knowingly withheld information, so he has not shown the independent intermediary’s deliberations or decisions were tainted. Independent-intermediary doctrine defeats his allegations that there was no probable cause to prosecute him. Reversed and remanded.
Court: 5th Circuit, Judge: Higginson , Filed On: August 21, 2023, Case #: 21-51105, Categories: civil Rights, constitution, immunity
J. Colloton finds a lower court improperly granted two civilians' motion for summary judgment concerning civil rights claims against two police officers. The civilians argued that the police officers violated their Fourth Amendment rights by entering their residence without a warrant. However, the government presented sufficient evidence in court that the police officers were forced to enter the apartment without a warrant by kicking the door down after receiving a call from a neighbor who heard thuds and screaming, which led them to believe that probable cause existed, and that a child who lived in the apartment may have been in danger. Reversed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 24, 2023, Case #: 22-2872, Categories: civil Rights, constitution, immunity
J. Gonzales dismisses some constitutional claims against law enforcement agencies and officers in a civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” While the underlying incident was complex and dynamic, officers “did not create the danger” of the situation “nor increase the vulnerability of the victim” through their actions, nor was their behavior “shocking to the conscience,” so they are largely entitled to immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, immunity
J. Kelly finds a lower court properly denied a group of Arkansas officials’ motion to dismiss a prisoner’s civil rights claims. The officials argued that they are entitled to qualified immunity and that the defendant does not qualify for relief under the state’s DNA testing statute. However, the defendant, who is Black and set to be executed, presented sufficient evidence in court that DNA testing may reveal that the actual perpetrator was white. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 5, 2023, Case #: 22-1922, Categories: civil Rights, constitution, immunity
J. Lee finds that the district court properly entered summary judgment in favor of police officers in an action alleging that officers violated individuals' Fourth Amendment rights against warrantless arrests and excessive force. The officers were shielded by qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: June 1, 2023, Case #: 21-55867, Categories: civil Rights, constitution, immunity
J. Mazzant denies the motions for summary judgment in the former police captain's retaliation case stemming from his termination and perjury charge for filing an affidavit supporting a motion to transfer venue for his friend, a jail administrator who was arrested after allegedly facilitating an inmate's escape from the county jail. The captain's speech involved a "matter of public concern" when he expressed that his friend could not receive a fair trial in Wood County, and there is sufficient evidence of a conspiracy to retaliate against him.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: June 1, 2023, Case #: 4:19cv406, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, immunity
J. Brennan finds that the lower court improperly granted the juvenile center superintendent immunity on claims stemming from changes he made at the center to accommodate the filming of scenes for the television series Empire at the Cook County Juvenile Temporary Detention Center in 2015. The superintendent is not entitled to immunity on allegations that he violated the detainee's Fourteenth Amendment conditions-of-confinement claims. Reversed.
Court: 7th Circuit, Judge: Brennan, Filed On: May 15, 2023, Case #: 21-3303, Categories: civil Rights, constitution, immunity