74 results for 'cat:"Immunity" AND cat:"Police Misconduct"'.
J. Wynn finds the lower court properly denied summary judgment to the police officer. The police were called by the mother of a 15-year-old boy who claims her son was hitting her. When police arrived, they found the teen unarmed and began approaching him as he attempted to back away before lunging toward him and tackling him to the ground. Despite one officer already tasing the teen who was on the ground, the police officer punched the teen five times in the back of the head while he lay helpless. There is still a genuine dispute over whether the officer used excessive force, thus precluding summary judgment based on qualified immunity. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: April 15, 2024, Case #: 22-2115, Categories: Civil Rights, immunity, police Misconduct
J. Davis finds the lower court properly denied a retired detective’s motion for summary judgment on a plaintiff’s claims of fabrication of evidence and malicious prosecution. The detective argues on appeal that the plaintiff fails to show a substantial evidence claim and the court erred when they denied him qualified immunity. A reasonable jury could in fact find a substantial showing of this evidence that the detective made false statements. Affirmed.
Court: 6th Circuit, Judge: Davis, Filed On: April 15, 2024, Case #: 22-1963, Categories: immunity, False Claims, police Misconduct
J. Boomgaarden answers two certified questions from a district court regarding the duty of care from law enforcement officers during an investigation. As prior precedent has established, officers must owe a common law duty to a suspect in an investigation to do their job as "reasonable peace officers of ordinary prudence." Officers that follow that duty are also allowed to assert qualified immunity.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: March 26, 2024, Case #: S-23-0100, Categories: immunity, police Misconduct
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J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, 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. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Merriam finds that an interlocutory appeal must be dismissed for lack of jurisdiction in the case of a police officer who was denied qualified immunity in an excessive force action. The officer continues to assert disputed facts and presents no pure question of law for review, so he has failed to establish appellate jurisdiction.
Court: 2nd Circuit, Judge: Merriam, Filed On: March 15, 2024, Case #: 22-413, Categories: immunity, Jurisdiction, police Misconduct
J. Morgan denies immunity to four prison officers who allegedly violated an inmate’s constitutional right to basic hygiene and sanitation during his four-day confinement to a “dry cell.” The officers suspected the inmate stored contraband in his rectum, repeatedly ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip-searches, and undergo x-rays; however, no contraband was found.
According to the inmate’s undisputed account, he was denied a shower, not allowed to wash his hands or brush his teeth, and had to eat near an open bucket of human waste.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 13, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, immunity, police Misconduct
J. Frank grants the city and police officers' motion for summary judgment in the mother's wrongful death suit stemming from the locally high-profile police killing of her autistic son, Kobe Dimock-Heisler. The police officers are entitled to qualified immunity, since they had probable cause to believe that the son, carrying a knife, posed an immediate threat of death or serious bodily injury to others when they shot him.
Court: USDC Minnesota, Judge: Frank, Filed On: March 7, 2024, Case #: 0:22cv2124, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Duncan finds the district court properly granted the officers' motion to dismiss. The security guard, following a heated exchange with a Houston police officer, was arrested for assault. Though a grand jury indicted the guard, the charges were later dropped, and the guard filed suit against the officers alleging false arrest, malicious prosecution and assault. The officers are entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: March 7, 2024, Case #: 23-20075, Categories: immunity, Assault, police Misconduct
J. Kleeh grants the motion of two West Virginia State troopers and a Preston County Sheriff's deputy for partial dismissal of a Kingwood man's civil rights suit. The man claims the deputy wrongfully entered a home after he called 911 seeking assistance to have his sister removed following a verbal altercation, then aided by the two troopers who arrived later on the scene, wrongfully detained and arrested him for obstruction. The two troopers are entitled to qualified immunity since they acted properly within their scope of authority as state police officers.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: February 26, 2024, Case #: 1:23cv83, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, 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. Martinez-Olguin allows some civil rights claims to continue against the City of Antioch regarding the death of Angelo Quinto, who died after being placed in a prone restraint hold by police during a domestic dispute call. Officials are shielded by immunity regarding some of the denial of medical care claims, but the bulk of the wrongful death claims proceed because conflicting testimony and other uncertain details on the record make it unclear if the officers' use of force was justified.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 25, 2024, Case #: 3:21cv6094, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Marmolejo denies two deputies' motion to dismiss an individual's civil rights claims arising from his arrest. The deputies are not immune from the claims, and the individual sufficiently alleges his claims for false arrest, excessive force, unlawful property seizure and denial of medical care.
Court: USDC Southern District of Texas, Judge: Marmolejo, Filed On: February 20, 2024, Case #: 5:23cv48, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Rights, immunity, police Misconduct
J. Wood rules in favor of the county and the police officers in a civil rights, excessive force and battery action brought by the individual arising after one of the officers tased him during his arrest. The officers' use of force was not excessive because they believed the individual was holding his girlfriend hostage. A reasonable officer could have believed that the individual posed an immediate threat of harm because he refused to cooperate with the officers and actively resisted their efforts to arrest him. The officers' use of force was proportionate and the individual did not suffer any long-term injuries. The officers are entitled to qualified immunity.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: February 15, 2024, Case #: 2:22cv94, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
[Consolidated.] Per curiam, the circuit finds that the district court properly declined to dismiss excessive force claims brought against three municipal police officers who claimed qualified immunity. Questions remain unresolved as to whether officers used an unreasonable degree of force in abruptly pulling plaintiff from her home when she agreed to cooperate and sending her, handcuffed and head-first, into the back seat of a police cruiser, causing head injuries. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 14, 2024, Case #: 22-3162 (L), Categories: Civil Rights, immunity, police Misconduct
J. Southwick finds the trial court improperly denied summary judgment to the police officers. The owner of the house filed suit after officers raided the wrong house, deploying flashbang grenades, breaking windows and breaking in the front door. Though the lead officer's efforts to identify the correct address were deficient, he did not violate clearly established law. The owner has not cited authority demonstrating violations. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 1, 2024, Case #: 22-10441, Categories: immunity, police Misconduct
J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, police Misconduct
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: Civil Rights, immunity, police Misconduct
J. Rossman finds that the lower court properly denied qualified immunity to a group of police officers in a police misconduct suit brought by a protester who was hit in the head and knocked unconscious with a beanbag round while attending a protest over the death of George Floyd. The officers claim that their move to fire beanbag rounds into the crowd of demonstrators was called for because a tear gas canister, which was thrown by police into the crowd, was kicked back in their direction. The officers were equipped with gas masks and other gear that protected them from the gas, so a reasonable jury could find that the officers' decision to fire beanbag rounds was uncalled for and that the demonstrators' rights were violated. Affirmed.
Court: 10th Circuit, Judge: Rossman, Filed On: November 14, 2023, Case #: 22-1365, Categories: immunity, police Misconduct
J. D’Agostino grants a police officer’s motion for summary judgment in this excessive force and unlawful arrest claim brought by a civilian. The civilian alleges the officer struck and tackled him while trying to detain him for a domestic disturbance. The court says the officer’s actions were necessary because the civilian made a sudden movement, prompting the officer to protect himself, so he is entitled to qualified immunity. The officer’s motion to strike certain portions of the citizen’s response to the summary judgment and the attorney is denied.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 3, 2023, Case #: 5:18cv952, NOS: Other Civil Rights - Civil Rights, Categories: Tort, immunity, police Misconduct
J. Elrod finds the district court properly granted most of the arresting officers’ motions for summary judgment based on qualified immunity in this suit brought on claims of false arrest. After an anonymous person using a blocked number called 911, threatening officers and an alleged hostage, officers arrived at the location provided to find a man with no hostage and no weapons. He was taken into custody and released when the investigation proved inconclusive. Though the officers credibly believed that lives were in danger, the first officer on the scene asserts that the nature of the probable cause changed from the time of the initial arrest to the duration of the detention, and that there was no probable cause after the original facts had dissipated. The district court improperly dismissed the Fourth Amendment claims against the first officer. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: November 2, 2023, Case #: 21-11100, Categories: Civil Rights, immunity, police Misconduct