11 results for 'cat:"Civil Rights" AND cat:"Vehicle"'.
J. Bell grants in part a county district attorney’s office and its staff and some security and police officers’ motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney’s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, vehicle, Assault
J. Tharp grants a pro se litigant’s motion to dismiss and amend his complaint against Aurora, several police officers and members of state and local governments. The litigant, a Black man, believes he was unfairly targeted for a traffic stop by Aurora police and brought suit in parallel to his unsuccessful fight against the traffic citations. The court finds numerous deficiencies with his complaint as it stands, so will allow him to refile it with improvements to several claims. Other claims are so frivolous, the court opines, that they are dismissed outright with prejudice.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:20cv2549, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, vehicle
J. Coggins partially grants the law enforcement agency's motion for summary judgment in the drivers' suit arguing that traffic citations issued to them improperly deprived them of their right to trial by jury. The drivers have not established that the citation system deprives them of that right, since the printed language of the citations unambiguously informs the recipients that they are entitled to a jury trial regardless of any statements by officials. The constitutional claim is therefore dismissed, and a remaining claim for unjust enrichment is remanded to a state court.
Court: USDC South Carolina Aiken, Judge: Coggins, Filed On: February 22, 2024, Case #: 7:21cv2799, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Constitution, vehicle
J. Dever grants a police officer’s motion to dismiss due process and state law tort claims brought by the husband of a woman who died after the officer crashed into her car. The husband argues that the investigator who arrived on the scene, seeing the officer as a fellow law enforcement official, systematically tampered with evidence and evaded the husband’s questions. However, state law prohibits a private citizen to challenge the criminal investigation of another person.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 21, 2024, Case #: 5:22cv381, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, vehicle, Police Misconduct
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J. Johnston grants the Parkersburg mayor, its former police chief and various city officials' motion for summary judgment in the small vehicle repair shop owner's suit claiming they violated his civil rights through a series of citations and arrests related to the operation of his business to impugn his credibility as a write-in candidate for mayor. The arrests made of the repair shop owner were reasonable since they were done during the city’s enforcement of an order it received in Wood County Circuit Court compelling him to clean up an adjacent lot where he kept cars awaiting repair. Since the city officials did not violate any of the repair shop owner's constitutional rights, the court dismisses his state law claims of abuse of process, battery and tortious interference with a business relationship.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: December 19, 2023, Case #: 2:20cv583, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, vehicle
Per curiam, the circuit finds that the district court properly found for a New York City police officer accused of using excessive force by shooting a suspect to stop a car chase on a busy street. At the time of the incident, which endangered other drivers, pedestrians and police, it was not yet established that using deadly force on a driver trying to evade capture constituted excessive force. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 21-2975, Categories: vehicle, civil Rights
J. Marshall finds in favor of the driver on her claims that the California Highway Patrol improperly impounded her vehicle for 30 days. Ninth Circuit precedent holds that the government’s community-caretaking justification for impounding a vehicle does not apply once a licensed driver is available to take possession of the car. In this case, the individual went to the CHP office with a licensed driver, but the CHP did not release the vehicle. The individual is granted summary judgment on her Fourth Amendment and due process claims.
Court: USDC Central District of California, Judge: Marshall, Filed On: May 31, 2023, Case #: 2:20cv2779, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, vehicle, Due Process