41 results for '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. Morgan refuses to dismiss for insufficient evidence conspiracy and excessive force claims filed by a black woman who stands 4-foot 8-inches tall and weighs less than 100 pounds. The woman claims that she was walking home after being attacked by teenagers when the deputy, who was responding to a 911 call about a fight, grabbed her by the hair, lifted her off the ground and slammed her to the ground. He remains on the force despite an alleged history of disciplinary infractions and public complaints of excessive force against minorities. She has sufficiently stated a “causal link” between the allegedly deliberately indifferent practices of the sheriff’s office and the deputy’s use of excessive force against her.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 12, 2024, Case #: 2:22cv3332, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, evidence, police Misconduct
J. Wicks grants the Federal Bureau of Investigation’s motion for reconsideration in a civil rights lawsuit against Suffolk County and prohibits the county from disclosing 40 reports related to a prior federal criminal investigation into Suffolk County’s district attorney. The documents contain privileged information not related to the case and the litigant may petition the agency or file a FOIA request in order to obtain the information if desired.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: April 9, 2024, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: evidence, police Misconduct
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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. Dick refuses to dismiss excessive force claims against a deputy who allegedly shot a woman’s son during a police search for his twin brother. Video captured by a neighbor’s doorbell camera shows the deputy fired into the apartment even though he was not in a position to observe whether the minor had a firearm. Further, another officer can be heard asking the shooting officer if the decedent had a firearm, indicating she did not see the weapon.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 25, 2024, Case #: 3:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Immunity, police Misconduct
J. Wilson finds the district court properly found the corrections officer violated the inmate's constitutional rights but is entitled to qualified immunity. The inmate was assaulted by his cellmate and brought this suit alleging deliberate indifference. The officer testified he questioned inmates after hearing an argument, with both confirming no further conflict existed. If the district court, as alleged, abused its discretion in excluding evidence of the officer's ensuing disciplinary action, the inmate still fails to show any error prejudiced his substantial rights. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: March 20, 2024, Case #: 22-10483, Categories: evidence, police Misconduct, Prisoners' Rights
J. Guidry finds for a downtown New Orleans taxing district, dismissing its white former security guard’s Title VII complaint concerning his black supervisor’s alleged continual breakroom tirades against racist white people, the K.K.K., Donald Trump and "'racist white police officers that shoot [b]lack people because they hate them’.” Even assuming the supervisor’s remarks can constitute race-based harassment, the conduct the ex-officer alleges pales in comparison to the kind of verbal harassment circuit courts have held support a Title VII hostile workplace claim.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 19, 2024, Case #: 2:21cv1323, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination, police Misconduct
J. Dick orders a Louisiana corrections officer to pay $12,500 in attorney fees to a state prisoner who was burned and stabbed by another inmate as the guard watched “and did nothing.” The inmate was awarded $10,000 in compensatory damages following a bench trial, and is entitled to the maximum under the Prison Litigation Reform Act.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 19, 2024, Case #: 3:19cv29, NOS: Prison Condition - Habeas Corpus, Categories: evidence, Damages, 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
J. Foote, ruling on remand, denies summary judgment to Shreveport police officers on their argument a favorable Fifth Circuit opinion on alleged constitutional violations should foreclose state law claims by an elderly man who was allegedly bitten by a police dog during their search for a murder suspect. Although the Fifth Circuit's opinion forecloses the senior citizen’s pursuit of a state law excessive force claim, if “the arrest is unlawful then all force used to effectuate the arrest is excessive and constitutes a battery." It is undisputed the elderly litigant was an “innocent bystander who happened to be in the wrong place at the wrong time.”
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: March 7, 2024, Case #: 5:19cv1261, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, evidence, police Misconduct
J. Milazzo denies summary judgment to a white police officer on his request for immunity from excessive force claims by two black men. They were seriously injured when he fired four shots into a silver Camaro, one of three cars that had been “doing donuts” on the lakefront. Taking together the assumptions the two men were attempting to flee the parking lot to evade arrest, were under suspicion of reckless driving - a relatively minor crime - and the officer was not in immediate harm, a jury could reasonably find the degree of force used the officer was not reasonable.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 26, 2024, Case #: 2:21cv333, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Immunity, police Misconduct
J. Harris finds the lower court improperly granted summary judgement to the police officer. There is still genuine dispute over whether the officer knew that the German shepherd he shot was actually tethered somewhat unconventionally to a 25-foot zip line connecting two trees in the yard. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: February 22, 2024, Case #: 22-2120, Categories: evidence, police Misconduct
J. Summerhays denies summary judgment to a city-parish government on vicarious liability claims arising from state law excessive force allegations by an intoxicated armed robbery suspect against his arresting officer. The cop was fired for violating the police department’s use of force policy after he was caught on videotape punching the handcuffed suspect’s face and head seven times in rapid succession outside the entrance to the jail. Vicarious liability does not apply to federal civil rights claims.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: February 21, 2024, Case #: 6:21cv4131, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Insurance, police Misconduct
J. Barbier denies summary judgment to the New Orleans Police Department on its argument a negligent hiring claim by the mother of a 14-year old girl should be dismissed because nothing in a 53-year-old police officer’s background check made it plainly obvious he would sexually assault a child. The victim has identified facts in the record that could allow a reasonable jury to find the decision to hire the now-imprisoned ex-officer reflects the department’s deliberate indifference to the particular risk that would follow from his hiring. When he applied for a police job, NOPD was aware he had five arrests on his criminal record, which qualifies him as a habitual offender under the NOPD’s own rules.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: February 20, 2024, Case #: 2:21cv407, NOS: Other Civil Rights - Civil Rights, Categories: Employment, evidence, police Misconduct
J. Doughty denies summary judgment to an insurer on its argument that a criminal act exclusion provision of its law enforcement coverage policy precludes its payment of a $421,000 judgment against a sheriff's office after a jury found a deputy liable for failing to stop a fellow officer from striking an detainee. The deputy was not found to have committed a criminal act and, therefore, has no connection his fellow officer’s state law criminal charge.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: February 6, 2024, Case #: 3:22cv866, NOS: Insurance - Contract, Categories: evidence, Insurance, police Misconduct
J. Vitter denies a request by a motorist arrested on marijuana and weapons charges to overrule a magistrate judge’s decision in a discovery dispute in his civil rights case against a deputy and sheriff. His request for an order requiring the sheriff's office to turn over 255 reports is disproportionate to the needs of the case; the sheriff need only turn over 84 of the requested records. The motorist, whose charges were resolved by pretrial diversion, has not provided evidence to support his accusations the sheriff's office is deliberately withholding documents.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Discovery, police Misconduct
J. Higginbotham finds the district court properly granted the county's motion to dismiss the estate's excessive force claims. The officer fatally shot the driver after a traffic stop for toll violations, who claimed he might have his driver's license in the trunk. He opened the trunk, opened the driver's side door, then began driving away as the officer ordered him to stop. The officer is shown on dash cam reaching into the vehicle and firing. The officer was still hanging onto the moving vehicle, believing it would run him over, which supports his reasonable belief his life was in danger. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: January 23, 2024, Case #: 22-20519, Categories: evidence, Wrongful Death, police Misconduct
Per curiam, the circuit finds the district court properly denied the officer's motion to dismiss the excessive force claims. The decedent's alleged partner in an armed robbery testified officers approached them, shooting the decedent without identifying themselves during the execution of the arrest warrant. The decedent had a concealed carry permit for any weapon he may have had, and because the officers did not identify themselves, sufficient facts are pleaded as to the unlawfulness of their conduct. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-20098, Categories: evidence, police Misconduct
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. Ho finds the district court properly denied the Harris County officer's motion for summary judgment and dismisses the appeal for want of jurisdiction. After the driver received a parking ticket, he and the ticketing officer stopped at a gas station where an exchange occurred, and the driver began videotaping. The driver followed the officer after leaving the gas station, though it is disputed whether this was intentional or incidental. The driver was stopped again, ordered to exit his car and tased in the process. All events were captured on the driver's cell phone or the officer's body cam, showing no resistance made by the driver. The video evidence supports the conclusion the driver was complying with the officer's commands, which is sufficient to overcome qualified immunity.
Court: 5th Circuit, Judge: Ho, Filed On: January 10, 2024, Case #: 22-20644, Categories: evidence, police Misconduct
J. Jackson denies summary judgment to a Louisiana state trooper on her argument that a fleeing car passenger cannot produce sufficient evidence to support his claim she violated his constitutional rights when she shot him in the back during a traffic stop, leaving him paralyzed from the waist down. Having reviewed a security video in real time, a reasonable jury could find that the trooper’s conduct violated a constitutional right.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 28, 2023, Case #: 3:19cv391, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, evidence, police Misconduct
J. Clement finds the district court improperly denied the officer's motion for summary judgment in a case where the suspect was fatally shot by the officer after fleeing from his vehicle. Bodycam video shows the suspect possessed a pistol with an extended clip and that he suspiciously concealed his right arm as he fled, objectively suggesting he was armed. This qualifies as a furtive gesture justifying deadly force. Affirmed.
Court: 5th Circuit, Judge: Clement , Filed On: November 17, 2023, Case #: 22-40781, Categories: Constitution, 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