34 results for '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. Africk grants an unopposed request by New Orleans’ Inspector General to dismiss claims filed by the former director of the city’s juvenile detention center, who resigned amid media investigations following the OIG’s investigative report alleging long absences from work, neglect of duty and breaches of the city’s swipe-card security system. The ex-director says he was denied due process. He alleged the OIG’s report on him denied him future work opportunities and destroyed his personal business endeavors. Neither harm to the ex-director's reputation nor the consequent impairment of future business or employment opportunities qualifies as a constitutionally cognizable injury.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 26, 2024, Case #: 2:23cv6607, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Government, immunity
J. St. Eve finds that the lower court properly dismissed an Indiana citizen's Takings Clause claim based on the state's failure to pay interest accrued on property while it was in state custody. The specific relief sought in this case is now moot, as Indiana has since passed a law requiring payment of interest on all property recovered under the Revised Indiana Unclaimed Property Act. Further, the citizen cannot seek compensation in federal court from Indiana official defendants due to Eleventh Amendment immunity. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 6, 2024, Case #: 23-1792, Categories: constitution, Property, immunity
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J. Dick grants summary judgment to a Louisiana State University police officer, dismissing malicious prosecution claims by an intoxicated motorcyclist who tested negative for alcohol but positive for ketamine, an anesthetic that can induce sedation, pain-relief and amnesia. The undisputed facts are that the litigant drove recklessly, illegally turned around to avoid a sobriety checkpoint, did not yield to an attempted traffic stop by the officer and then crashed his bike in a single-vehicle accident resulting in his injuries. When deposed, the operator claimed to have no recollection of the events surrounding the 2018 incident, adding there is nothing that could jog his memory.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 5, 2024, Case #: 3:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Malicious Prosecution, immunity
[Consolidated.] J. Eckerle finds that claims should be dismissed in contending the legislative research commission violated the state constitution by challenging house bill 334, which terminated the unexpired terms of current members and altered the composition of the executive branch ethics commission, as the legislative research commission was entitled to immunity. Reversed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: March 1, 2024, Case #: 2022-CA-0837-MR, Categories: constitution, Government, immunity
J. Rubin grants, in part, the Comptroller of Maryland’s motion for reconsideration in this class action complaint filed by property owners challenging the abandoned property statute is unconstitutional claiming declaratory and prospective injunctive relief. The property owners allege the Maryland abandoned and unclaimed property statute allows for “taking” without just compensation. The owners state constitutional claims are dismissed by being barred due to sovereign immunity. Therefore, the remaining motion is denied on the federal constitutional claims will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: January 26, 2024, Case #: 1:22cv1558, NOS: Other Civil Rights - Civil Rights, Categories: constitution, immunity, Class Action
J. Nelson finds that the district court properly dismissed two putative class actions against the Superior Court of Los Angeles County and Judge Eric C. Taylor, alleging that the court set cash bail that individuals could not afford and therefore unlawfully detained them pretrial. Actions against state courts and state court judges in their judicial capacity are barred by Eleventh Amendment immunity. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: January 9, 2024, Case #: 22-55941, Categories: constitution, immunity
J. Owens finds that the district court properly determined that the California State Bar is entitled to immunity from suit in federal court. The California State Bar has enjoyed Eleventh Amendment immunity for nearly 40 years until this action in which Benjamin Kohn, a licensed California attorney, sought to challenge that immunity. He contends that the State Bar is not an “arm of the state,” and he can sue it without restriction. However, the matter is remanded to the original three-judge panel for consideration of a number of remaining issues. Affirmed in part.
Court: 9th Circuit, Judge: Owens, Filed On: December 6, 2023, Case #: 20-17316, Categories: constitution, immunity
J. King finds the district court improperly allowed the Texas residents to seek prospective relief against state employees involved in the state's taking of their unclaimed property. The residents have not demonstrated standing to seek prospective relief and have not met their burden to proceed with constitutional claims under the immunity exception. Reversed.
Court: 5th Circuit, Judge: King , Filed On: November 16, 2023, Case #: 22-50828, Categories: constitution, Property, immunity
J. Morgan grants a request by Louisiana’s attorney general to dismiss a lawsuit by a group of website operators challenging a state civil law aimed at porn sites. The suit alleges Louisiana requires websites to “age-verify” Internet users 18 and over before providing access to content that meets the State’s allegedly “murky” definition of “material harmful to minors.” The law’s definition of harmful “material” includes “sexual intercourse masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.” The suing group of website operators and content providers fail to meet their burden of establishing that an exception to the state’s sovereign immunity applies to their claims.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: October 4, 2023, Case #: 2:23cv2123, NOS: Other Civil Rights - Civil Rights, Categories: constitution, immunity, Jurisdiction
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
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. Moore finds the lower court properly granted qualified immunity to Kentucky Governor Andy Beshear's on several religious parties' constitutional challenge to an executive order that banned in-person learning due to Covid-19 in the winter of 2020. There was no clearly established precedent at the time he issued an executive order to suspend in-school instruction that would have led him to believe such an order violated religious organizations' Free Exercise rights. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 14, 2023, Case #: 21-6028, Categories: constitution, immunity, Covid-19
J. Colloton finds a lower court properly granted summary judgment to a police officer on a civilian’s unreasonable seizure claims. The civilian argued that the police officer shot his dog in violation of his Fourth and 14th Amendment rights. However, the city’s board of police commissioners sufficiently showed the homeowner failed to restrain his growling, barking dog after it darted toward the police officer, who is entitled to qualified immunity for making a split decision to protect himself. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2815, Categories: constitution, Tort, immunity
J. Brennan affirms a district court’s ruling granting immunity from liability to a sheriff’s detective and an Indiana child services caseworker, and against “John Doe” and “A.B.” who were arrested for failure to support a 17-year-old dependent. The couple sued the investigators for alleged privacy violations and emotional distress, arising from the investigators’ disclosures during the dependent neglect probe that Doe was a transgender male who still had female genitalia. The defendants are entitled to qualified immunity, as there is no clearly established right to privacy in one’s sexual preference or gender identity during a criminal or child welfare investigation. The totality of the circumstances provided probable cause for the arrests of Doe and A.B., and the Indiana state law provides the sheriff’s detective with immunity from the couple’s state law claim of intentional infliction of emotional distress. Affirmed.
Court: 7th Circuit, Judge: Brennan , Filed On: July 28, 2023, Case #: 22-1501, Categories: constitution, immunity, Emotional Distress
J. Rambo allows plaintiff to seek damages against a township police officer who allegedly shot him multiple times in the chest with a taser gun after mistaking him for an intruder in responding to a noise complaint. When the officer found out plaintiff was the occupant, the officer apologized and left, but he returned to cite plaintiff for disorderly conduct, claiming, "I have to give a reason why I fired my taser or I will get in trouble." The officer may not invoke qualified immunity because he failed to prove he had probable cause for using excessive force on an unarmed man who posed no threat to himself or others.
Court: USDC Middle District of Pennsylvania, Judge: Rambo, Filed On: July 27, 2023, Case #: 1:22cv1654, NOS: Other Civil Rights - Civil Rights, Categories: constitution, immunity, Police Misconduct
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
Per curiam, the Fifth Circuit finds the district court improperly dismissed constitutional claims against the sheriff, alleging deliberate indifference and failure to train. The claimant was arrested after a verbal altercation, and under suspicion of intoxication. After he was processed into the county jail, with each interacting officer saying that he seemed to be intoxicated, the claimant was found unresponsive, transferred to the medical center and was found to be experiencing diabetic complications, with no alcohol or drugs in his system. Case law regarding failure to train was misconstrued as requiring the claimant to establish deliberate indifference and defeat qualified immunity. The Fifth Circuit states that previous liability cases are helpful in determining a supervisor’s notice of unconstitutional behavior by staff but has never held that such are required to prevail. Allegations against other officers and jail staff fail to state a claim or do not defeat qualified immunity. Reversed in part. Affirmed in part. Dismissed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 21-11134, Categories: constitution, immunity, Police Misconduct
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