593 results for 'cat:"Police Misconduct"'.
J. King partially grants the city's motion to stay the family's complaint alleging that the city's employees killed the decedent by placing a spit mask on him after they choked him. The police officers plan to assert their Fifth Amendment rights for the potential federal charges against them, and their depositions are the only identified discovery that the family does not have, so a stay is appropriate. Unless the stay goes on beyond six months, the parties shall notify the court when the U.S. Attorney's Office for the Western District of Washington decides whether to pursue federal criminal charges against the police officers within 30 days of notification.
Court: USDC Western District of Washington, Judge: King, Filed On: May 6, 2024, Case #: 3:21cv5692, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Discovery, police Misconduct
J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, police Misconduct
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J. Coulson denies a former police officer’s estate’s motion for summary judgment seeking a ruling in their favor without a trial in this lawsuit brought by a retired police officer alleging violations of the United States Constitution, the Maryland Declaration of Rights, and Maryland common law. The retired officer alleges he was battered, falsely arrested with excessive and unreasonable force, and maliciously prosecuted by the decedent and fellow officers. The decedent alleged that the retired officer did in fact resist arrest and any reasonable jury could find it was excessive force during handcuffing. Therefore, the decedent is not entitled to qualified immunity, there are genuine disputes of material fact and adequate discovery needs to be developed. The estate may file another motion for summary judgment after the discovery is available.
Court: USDC Maryland, Judge: Coulson, Filed On: May 3, 2024, Case #: 1:23cv2379, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, police Misconduct
J. Oldham finds the district court properly denied qualified immunity for the Houston officers. The good Samaritan was arrested after effectuating a citizen's arrest after a drunk driver crashed. He was charged with felony impersonation of an officer and spent thousands of dollars defending himself before the city dropped the charges. The Samaritan's actions were in accordance with Texas law, and the only evidence he impersonated an officer was the drunk driver’s statement that he identified himself as police. The driver was highly intoxicated and gave other, wildly inconsistent statements, and no reasonable officer could have suspected a felony had occurred. A corrected warrant affidavit could not have established probable cause. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: May 3, 2024, Case #: 22-20621, Categories: Civil Rights, Immunity, police Misconduct
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, police Misconduct
J. Immergut denies the county's motion to dismiss the false imprisonment claim in the resident's complaint alleging that the city's task force arrested him thinking he was someone else despite discrepancies like different birth dates. The county does not include any evidence to suggest that the officers reasonably believed that the resident was the person described in the warrant and that the belief was objectively reasonable.
Court: USDC Oregon, Judge: Immergut, Filed On: May 3, 2024, Case #: 3:22cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Maldonado denies an Illinois city and its police officers’ motion for new trial, judgment or remittitur of damages. A jury previously found the city and its police liable for falsely imprisoning a man and violating his Fourth Amendment rights, and awarded the man over $3 million in damages. The court found the jury properly arrived at its verdict and issued appropriate damages.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: May 2, 2024, Case #: 1:17cv4699, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, police Misconduct
J. Quattlebaum finds the lower court improperly denied the officer’s motion to dismiss based on qualified immunity. A repossession representative called the police after the vehicle's owner refused to get out so he could tow it. The owner argued that the deputy who arrived and ordered her out of the vehicle violated her Fourth Amendment right against unreasonable seizures of property by crossing the line from keeping the peace into actively participating. Because of the unique nature of the case and lack of case law, the deputy couldn't have known what he was doing was unconstitutional when he ordered her out of the car. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: May 2, 2024, Case #: 23-1344, Categories: Constitution, Vehicle, police Misconduct
J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, Assault, police Misconduct
J. Hagedorn finds the circuit court and court of appeals properly upheld the police oversight board's decision affirming the chief of police's decision to fire the officer after an internal investigation into Facebook posts the officer made in the days and months after the 2018 arrest of Milwaukee Bucks player Sterling Brown, posts which the chief described as "inappropriate, disrespectful and defamatory." The officer's procedural challenges to his termination fail, including because there was no infringement of due process in the chief's explanation to the officer about what policies he violated, evidence supporting the violations and why he was being fired instead of receiving less severe discipline, and his opportunity to respond and defend himself against the charges. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: April 30, 2024, Case #: 2020AP000333, Categories: Employment, Due Process, police Misconduct
J. Lin denies in part summary judgment to an officer seeking qualified immunity regarding excessive force claims from a woman who was bitten by a police dog while hiding, unarmed, in some bushes after stealing from an Ulta Beauty store. The women has abandoned her claim that the initial bite from the dog was excessive, but her claims that the officer allowed the bite to go on for too long will proceed. The woman alleges that the officer allowed the dog to continue biting the top of her scalp after she stated that she would surrender and pleaded for the officer to get the dog off of her.
Court: USDC Northern District of California, Judge: Lin, Filed On: April 29, 2024, Case #: 3:22cv1097, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Richardson finds the lower court denied summary judgment to the arresting officers. The officers arrested a registered sex offender who left the state for a month to attend a wedding and visit friends, claiming he broke the law by failing to return forms. The officers cannot prove he acted willfully, as required because the offender kept close contact with the sheriff's office throughout in hopes of not breaking any laws. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: April 29, 2024, Case #: 21-1459, Categories: Immunity, police Misconduct
J. Gaziano affirms in part the granting of summary judgment mandating disclosure of documents requested by a man whose brother was fatally shot by police after he violently resisted arrest. The privacy exemption does not apply to documents related to police misconduct investigations, and whether or not documents count as being related to a police misconduct investigation is not limited to cases where officers are found guilty of misconduct. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: April 26, 2024, Case #: SJC-13468, Categories: Discovery, 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. Reiss denies, in part, a police officer’s motion for summary judgment in this case where he was accused of excessive force and failure to intervene when a physical altercation between a resident and a sergeant happened while the resident was detained inside the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the officer’s failure to intervene involvement in the sergeant’s takedown, a reasonable jury could find that the alleged use of force was extreme, outrageous and intolerable. The claims regarding the officer’s failure to intervene as to the sergeant shoving and punching the woman are granted.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, police Misconduct
J. King finds in favor of the city against the protester's complaint that several of the city's unnamed officers used unreasonable force against her during a Seattle protest against George Floyd's murder on the night of June 7, 2020. The protester's First Amendment claim fails because he was not protesting or filming for journalistic purposes, he violated dispersal orders, and he does not produce any evidence that the police retaliated against him or the crowed for protected activities.
Court: USDC Western District of Washington, Judge: King, Filed On: April 24, 2024, Case #: 2:21cv1343, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, police Misconduct
J. Sannes preserves claims for failure to intervene against two Syracuse police officers stemming from the alleged used of excessive force during the arrest of two local residents, finding material disputes remain as to whether either officer had the opportunity to intervene during the incident. The court however enters judgment in favor of one of the officers on failure to intervene and excessive force claims for actions that took place while transporting the litigants in an ambulance to a local hospital following the arrest, finding he was not involved in any use of force during that time.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: April 24, 2024, Case #: 5:19cv995, NOS: Other Civil Rights - Civil Rights, Categories: Energy, Tort, police Misconduct
J. Jolly finds the district court improperly dismissed the former prisoner's assault claim under the Federal Tort Claims Act after prison officials allegedly physically restrained and beat him. The district court held his injuries were minor and not legally cognizable. The applicable tort law does not bar claims based on minor injuries. Reversed.
Court: 5th Circuit, Judge: Jolly , Filed On: April 24, 2024, Case #: 22-30294, Categories: Tort, police Misconduct, Prisoners' Rights
J. Van Meerveld grants summary judgment to the city of New Orleans, dismissing a Title VII racial discrimination suit by a fired white police sergeant who alleges he was disciplined more harshly than nine black officers for similar offenses. The sergeant’s eight social media posts clearly advocate unnecessary force and use terms historically used to demean black people, such as “animals,” and “savages," to describe Black Lives Matters protesters after the murder of George Floyd. The black officers cited were not comparators. The Louisiana Supreme Court reinstated the sergeant with back pay and emoluments on appeal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: April 23, 2024, Case #: 2:22cv5060, NOS: Employment - Civil Rights, Categories: Employment Discrimination, police Misconduct
J. Calabretta denies, in part, a county’s motion to dismiss an individual’s false arrest and related claims in connection with his sale of baby chicks in a parking lot. He has sufficiently alleged claims for unlawful seizure via false arrest, excessive force, and unreasonable search and seizure, among others.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 22, 2024, Case #: 2:21cv1139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct