29 results for 'cat:"Negligence" AND cat:"Assault"'.
J. Smith denies Marriott's motion to dismiss the negligent hiring and supervision claims. The former employee alleges her supervisor sexually assaulted her at a social gathering by drugging her drink and raping her while she was unconscious. Though Marriott says the alleged assault occurred outside of work and was committed by an employee with no record of violence, the supervisor had previously resigned under allegations of sexual assault and was later rehired under the assumption that he "had grown up." The issue of whether the conduct was foreseeable considering his prior sexual harassment is a fact question that cannot be determined at this stage.
Court: USDC Rhode Island, Judge: Smith , Filed On: May 17, 2024, Case #: 1:23cv487, NOS: Other Civil Rights - Civil Rights, Categories: Employment, negligence, assault
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: negligence, Jurisdiction, assault
J. Cullen denies the correctional officers' motion for summary judgment and grants the crash victim's leave to amend his complaint to conform it to his deposition testimony. After a car crash, the man driving the vehicle threatened to kill the responding police officer and tried to take his service weapon, resulting in the officer shooting him. The crash victim claims that two correctional officers assaulted him while he was receiving treatment at a hospital. The man has changed what date the assault took place twice, claiming the pain medication made it hard to remember, but regardless, the correctional officers were charged with guarding him on both dates, meaning his allegations are conceivable.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: March 13, 2024, Case #: 3:2cv17, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, assault, Police Misconduct
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: Education, negligence, assault
[Consolidated.] J. Hodges finds that the trial court properly ruled in favor of the stadium and security company with respect to the individual's negligence and vicarious liability claims arising from injuries she suffered in a brawl at a college football game. The individual had a clear choice to approach the fight or not and knew that entering the fight might be dangerous because she had already been knocked down once. However, the trial court improperly ruled in favor of the father and son on the individual's assault and battery claims. The argument made by the father and son as to the individual's assumption of risk is not a valid defense to assault and battery. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 6, 2024, Case #: A23A1449, Categories: negligence, assault
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J. Chuang grants, in part, a soccer league and its coach motion to dismiss in this suit brought by a referee alleging negligence and battery. The coach “violently struck” and “used foul abusive language, yelled at a referee and then committed a battery on a referee by chest-bumping him,” during a match while the others failed to prevent the assault. The court denies the motion as to negligence claims because the referee has plausibly alleged the league owed a duty of care and should have had procedures in place for reporting assaults. The negligent supervision and vicarious liability claims are dismissed. The referee’s motion for leave to amend his amended complaint is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: January 30, 2024, Case #: 8:23cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, assault
J. England grants an estate of a deceased police officer’s motion to dismiss for improper service of a summons in this wrongful arrest, excessive force and negligence suit brought by a citizen after a traffic stop. The citizen knew the officer was deceased but failed to substitute and serve the estate as a party with a summons. Summary judgment is granted, in part for summary judgment in favor of the city, the estate and a police officer. The city has not moved for summary judgment for its liability for the estate officer’s conduct as to portions of negligence, assault and battery. The citizen has not shown state immunity does not apply. The parties need to confer and to a joint status report concerning the next steps of this case by Feb. 9, 2024.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 26, 2024, Case #: 2:21cv439, NOS: Other Civil Rights - Civil Rights, Categories: negligence, assault, Police Misconduct
J. Garaufis preserves a single claim for negligence in a civil lawsuit brought against St. Mary’s Roman Catholic Church in Brooklyn that alleges an adult woman was sexually abused by one of its priests for six years, starting when she was 10 years old. She plausibly alleges the church failed in its duties to ensure her safety while she was in their custody, failed to inform her parents of the abuse and further failed to anticipate the priest’s actions and create or enforce procedures in order to protect her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 19, 2024, Case #: 1:21cv4920, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, negligence, assault
J. Hunt denies a school board’s motion to dismiss intentional infliction of emotional distress and failure to protect claims, brought by the parent of a bullied child. Over the course of several years, the child suffered repeated acts of physical and sexual assault by other students, including being stabbed with pencils, being kicked and punched, and having his genitals groped. The parent says teachers and staff knew of these incidents and were indifferent to them, and the court finds the parent alleged these claims sufficiently to survive dismissal motions.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 16, 2024, Case #: 1:22cv4745, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Emotional Distress, assault
J. Gallagher grants summary judgment in favor of Walmart in this lawsuit brought by two shoppers involved in a confrontation with the store’s employee. The shoppers allege a host of claims claims for battery, assault, defamation, racial discrimination, false arrest and imprisonment, malicious prosecution, intentional Infliction of emotional distress, and multiple negligence theories after an employee accused them of shoplifting. The evidence shows the employee used self-defense, had a legal reason to detain, did not pose an unreasonable risk of harm and the police did their own investigation when one of the shoppers physically attacked the employee first. A jury reasonably could not find emotional distress was inflicted, or that this was a racial incident.
Court: USDC Maryland, Judge: Gallagher, Filed On: December 8, 2023, Case #: 1:22cv1029, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: negligence, Defamation, assault
J. Bloom grants defendant dismissal of claims contending he sexually assaulted another man at a hotel in France because French law applies and France is the proper venue.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: December 4, 2023, Case #: 0:23cv61039, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: negligence, Venue, assault
J. Hollander grants in part a county school board’s motion to dismiss a mother’s amended complaint on allegations of negligence following the acknowledgment that a six-year-old girl had been sexually abused by two classmates while at school on five separate occasions. The school superintendent and principal did not communicate with the parent until a victim advocate reported the abuse to her. There is “no basis in the law to support a substantive due process claim against Ms. Peake in her individual capacity for acts involving third parties for which she had no notice and was not personally involved.” The allegations against the superintendent based on supervisory liability are dismissed due to failure to state a claim.
Court: USDC Maryland, Judge: Hollander, Filed On: October 12, 2023, Case #: 1:22cv1102, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, negligence, assault
J. Kness primarily denies the defendant public high school’s motion to dismiss sexual abuse allegations brought by a group of male former students. The students, who attended the suburban public high school in the 1970s and ’80s, claim a former teacher abused them and other male students for over three decades. They now bring 13 separate claims against the school and the teacher himself. Though the teacher and district argue most of these claims are time-barred, the court disagrees. It allows all but three claims to proceed; and the battery, sexual abuse and due process claims dismissed are tossed only against the school, not the former teacher.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 30, 2023, Case #: 1:21cv2755, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Emotional Distress, assault
J. Cogburn denies a female police officer and the City of Charlotte their motion for summary judgment after the female officer shot a male officer in an attempt to serve a search warrant on a known violent criminal. Several officers arrived the house where they intended to serve the warrant. After the officers used a battering ram to knock a door down, shooting came from inside and the male officer was hit. In apparent confusion, the female officer shot at the male officer 14 times before someone identified him as an officer. His injuries required multiple surgeries and he is unable to return to work as an officer. His bulletproof vest with the word “police” across the back were obscured by a jacket, which puts his claims of negligence, assault and battery and intentional infliction of emotional distress into question. Therefore, summary judgment is not possible at this stage and the case will proceed to trial.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2023, Case #: 3:22cv60, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, assault
J. Dever grants a police officer, his department and the employing municipality their motion for summary judgment following allegations including assault, battery and negligence brought by a man suspected of domestic violence. The officer arrived at the scene and attempted to speak with the woman who had made the call, but the man refused to return to the apartment out of which both had walked. The officer then arrested the man and walked him to his SUV but did not put the man inside because he had a police dog in the back. The man began to walk away, at which point the officer pulled him back toward the SUV. Next, the officer says he accidentally put his elbow through the back windshield trying to pull the man back, while the man claims the officer forcibly put his head through the back windshield. But the officer’s bodycam footage shows that his elbow was bleeding and that the man had no cuts on his head or face. Later, the man is shown on police station footage voluntarily banging his head off a door twice, which is how he sustained a concussion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 30, 2023, Case #: 4:21cv44, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Emotional Distress, assault
J. Davies finds a lower court improperly dismissed a co- educational secondary school's claims that it was not vicariously liable for the assault and battery of one of its students. The student's representation argued that the school failed to intervene with a former student, now an adult, who sexually battered her. However, the school presented sufficient evidence in court that it was not responsible for the former student's actions because the assault took place well after he was enrolled. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: August 25, 2023, Case #: CA-2022-1876, Categories: Education, negligence, assault
J. King finds the lower court improperly awarded summary judgment and, therefore, immunity to the police officer who fatally shot the man suffering from a mental breakdown. There is still a genuine dispute of facts over whether the officer acted reasonably in shooting the Spanish-speaking man who could not understand his English commands and ultimately stood still with both his arms frozen in place and both his hands in the air in a universally recognized position of surrender. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 16, 2023, Case #: 21-2223, Categories: negligence, assault, Police Misconduct
J. Hudson grants the brother's motion to dismiss defamation claims. An attorney and his wife allegedly beat an employee and neighbor unconscious in a drunken rage one evening. After the employee sought charges, the couple took to Facebook to start a campaign claiming the employee was a liar. No evidence was given of the wife's brother contributing to the postings for him to be liable.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: August 2, 2023, Case #: 3:23cv17, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: negligence, Defamation, assault
J. Nunley denies, in part, a city and three individuals’ motion to dismiss a woman’s civil rights claims related to her arrest. She has sufficiently pleaded her claims for Monell liability against the city, negligence and assault, along with her state law claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: July 13, 2023, Case #: 2:19cv1896, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, assault
J. Xinis grants the motion to dismiss brought by the wife of a man who attacked his mistress, who brought negligence claims against the wife because she allegedly did not call police after learning her husband had attacked the mistress. The man assaulted her at a restaurant, which the mistress sued also, after the two broke up. The wife does not owe the mistress a duty of care, so she was not negligent. The restaurant, however, is liable because the assault continued for quite some time without any staff intervention, so its motion to dismiss is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: July 10, 2023, Case #: 8:21cv3084, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: negligence, assault
J. Elrod finds the district court improperly dismissed the officer's negligence claim against the organizer of a Black Lives Matter protest which resulted in the officer being assaulted and severely injured. The officer plausibly alleged that the organizer led the protest in an unreasonably dangerous manner, breaching his duty to avoid creating circumstances in which it is foreseeable that another might be injured. The organizer can be held liable, though, only if the officer proves the specific elements of his negligence claim. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod , Filed On: June 16, 2023, Case #: 17-30864, Categories: Tort, negligence, assault
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: negligence, assault, Police Misconduct