17 results for 'cat:"Civil Rights" AND cat:"Evidence" AND cat:"Police Misconduct"'.
J. Aiken dismisses without prejudice the homeowner's complaint that the detective wrongfully arrested him for unlawful possession of heroin and methamphetamine without probable cause. The detective had reason to believe that the homeowner had a usable quantity of heroin because the detective found what he believed was evidence of methamphetamines in the homeowner's bedroom, including used syringes, empty baggies and a piece of foil with a burnt substance.
Court: USDC Oregon, Judge: Aiken, Filed On: April 26, 2024, Case #: 6:21cv1648, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: civil Rights, evidence, police Misconduct
J. Bastian grants the sheriff's office summary judgment against the city administrator's complaint alleging that officers arrested him without a warrant for allegedly stealing public funds during his time as the city administrator for the City of Wapato, Washington. The city administrator claims that the sheriff's office should have known that its officers did not have probable cause because he likely did not have the stolen $100 on him a year after the theft, but continuous possession of misappropriated funds was not an element of the crime for which he was arrested, and the city administrator does not present any evidence that further investigation would have unveiled more information.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 1:22cv3058, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct
J. Vitter grants a request by a driver suing a sheriff's department, excluding the testimony of a veteran narcotics officer with “expertise in olfactory science” who claims a deputy could smell marijuana coming from the litigant’s car because the drug has an unmistakable odor that “becomes part of the user’s life.” None of the the opinions by the expert meet federal standards for reliability and relevancy, as his opinions do not assist the trier of fact and are not the product of reliable principles and methods. “No expertise is needed to understand that the opening and closing of a car door may allow odors contained within the vehicle to escape.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 14, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct
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Per curiam, the circuit finds the district court improperly denied qualified immunity to the officer on the evidence fabrication claims. The off-duty officer was working private security at a bar when an altercation took place that led to the officer's punching a drunken assailant in the face during an alleged assault. The district court properly granted the officer qualified immunity on excessive force and unlawful arrest claims, but the assailant has not shown the officer had the time or deliberation to fabricate evidence of assault during the sudden and chaotic incident. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 19, 2024, Case #: 22-10783, Categories: civil Rights, evidence, police Misconduct
J. Slaughter dismisses the individual’s claims against the late Detective John Vander Horck in his complaint alleging that Horck and other detectives wrongfully arrested him for a murder that he did not commit, resulting in him serving 12 years in prison before being exonerated. While Horck’s death did not extinguish the individual’s claims against him, the individual has failed multiple times to comply with the court's order to properly substitute Horck. Because less drastic sanctions are unavailable in this case, the individual's claims against Horck are dismissed with prejudice.
Court: USDC Central District of California, Judge: Slaughter, Filed On: October 18, 2023, Case #: 2:16cv134, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct
Per curiam, the Fifth Circuit dismisses this appeal, for lack of jurisdiction, brought by an officer being sued for Fourteenth Amendment due process violations arising from an altercation between he and a citizen while he was off duty. The district court denied the officer’s motion for summary judgment as to false charges because a reasonable jury could find, based on witness testimony and other evidence, that the officer was the initial aggressor in the altercation in a Walmart parking lot, and that he made false statements to get the citizen arrested. The Fifth Circuit agrees, so it lacks jurisdiction to consider the officer’s arguments regarding the court’s factual determinations.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-50836, Categories: civil Rights, evidence, police Misconduct
J. Duncan finds the district court properly dismissed this false arrest suit brought against the police officer after the arrestee’s charges for calling in false complaints about her neighbors’ loud music were dropped. The arrestee adduced no evidence of loud music and the officer heard none. There are no issues of material fact, and the officer also enjoys qualified immunity.
Court: 5th Circuit, Judge: Duncan, Filed On: September 29, 2023, Case #: 22-20436, Categories: civil Rights, evidence, police Misconduct
A federal judge today denied summary judgment to the sheriff of Jefferson Parish on his argument that a woman, who alleges he negligently hired a former deputy despite his extensive disciplinary history, has not identified any policy, pattern or practice that resulted in a violation of her constitutional rights. The resident, who was eight months pregnant at the time of her verbal altercation with the lawman, has identified facts in the record which could permit a reasonable jury to find that the sheriff’s hiring decision reflects a deliberate indifference to the risk of civil rights violations. The sheriff’s office also was aware that the sheriff of a neighboring parish had specifically terminated the lawman in question because he posed a liability to that department. Also, the deputy was subject to a restraining order by his ex-wife in California that banned him from carrying a firearm in that state.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: September 6, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct
J. Bryan finds in favor of the state for the arrestee's claim that the police officers wrongfully arrested him for attempting to meet with an undercover officer posing as a 13-year-old girl. The arrestee fails to show that the officers violated his Fourteenth Amendment rights because he does not prove that the officers used evidence they knew or should have known would have yielded false information. Even if there was fabricated evidence, he does not show that it was the proximate cause of his injury.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: May 15, 2023, Case #: 3:21cv5915, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, police Misconduct