92 results for 'cat:"Civil Rights" AND cat:"Negligence"'.
J. Vilardo rules in part for county officials in claims contending an inmate died from acute respiratory failure for lack of proper supervision because evidence did not indicate that anyone other than a single nurse ordered any actions, that the nurse had a prior track record of failing to follow procedure, or that the county trained medical staff at the holding center with deliberate indifference.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 29, 2024, Case #: 1:20cv1689, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Wrongful Death
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, negligence
Per curiam, the circuit finds the district court properly denied the parents' motion to amend or correct the dismissal of their claims against a school district after their son, who suffers from cerebral palsy, was allegedly injured by a district employee who helped him use the bathroom on a school trip. The education and disability claims were dismissed for lack of subject matter jurisdiction. The parents fail to show the court made a cognizable “mistake” of law under the cited rule of civil procedure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-40474, Categories: civil Rights, Education, negligence
J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district’s training of the teacher and principal is adequate and did not lead to the violations of the female students’ rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, Immunity, negligence
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J. Altice finds that the trial court properly ruled in civil rights claims because evidence indicates an inmate was provided regular access to medical care, and nothing indicates correctional officers acted indifferently toward him. Meanwhile, the inmate failed to establish he suffered injury absent a showing that he served time in jail based upon levied sanctions. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: April 18, 2024, Case #: 23A-CT-1564, Categories: civil Rights, negligence, Prisoners' Rights
J. Foschio rules in part for police and corrections officers in claims contending police falsely arrested a drug addict and failed to prevent him from committing suicide while detained, even though he had expressed suicidal ideation, as corrections officers failed to place the detainee in special medical housing under close monitoring. However, evidence did not indicate the decedent provided support or services to surviving family in order to justify pecuniary or compensatory damages, or that any officer intended to interfere with the decedent's familial relationships.
Court: USDC Western District of New York, Judge: Foschio , Filed On: April 11, 2024, Case #: 1:22cv766, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Wrongful Death
J. Hall grants the county's, sheriff's and board of commissioners' motion to dismiss the widower's civil rights action arising from his wife's death in a car collision with a deputy. The deputy was driving at fast speeds to respond to an emergency call. The county had no authority to control the deputy and therefore cannot be held liable under a theory of supervisory liability for his actions. The deputy and the sheriff are entitled to immunity from the widower's civil rights claims.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 9, 2024, Case #: 1:23cv112, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Rights, negligence
J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: civil Rights, negligence, Police Misconduct
J. Kelly finds a lower court properly dismissed a mother's civil rights and deliberate indifference claims against a police department and a county detention center. The mother argued that corrections employees failed to prevent her son from hanging himself inside of a jail cell, which resulted in his death. However, the corrections center employees are protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: March 29, 2024, Case #: 21-2459, Categories: civil Rights, Immunity, negligence
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Police Misconduct
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Interference With Contract
J. Hardy approved a consent decree between two environmental organizations and a steel manufacturer, finding the manufacturer will pay $5 million in penalties and settlement payments, plus $3 million towards litigation costs, after a control room fire at the steel manufacturer’s plant spurred a Clean Air Act violation complaint.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: March 26, 2024, Case #: 2:19cv484, NOS: Environmental Matters - Other Suits, Categories: civil Rights, Environment, negligence
J. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immigration, negligence
J. Caldwell rules in part for city and police defendants in civil rights and negligence claims contending plaintiff had been misdiagnosed as overdosing on drugs after collapsing at work. Upon being discharged in a delirious state, plaintiff was arrested for trespassing at the hospital, but evidence does not indicate the city or officers either conspired to harm plaintiff or defamed him.
Court: USDC Eastern District of Kentucky, Judge: Caldwell, Filed On: March 12, 2024, Case #: 3:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, Defamation