18 results for 'cat:"Tort" AND cat:"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. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, police Misconduct
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, police Misconduct
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: Civil Rights, tort, police Misconduct
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J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, police Misconduct
J. Suddaby enters judgment in favor of a Syracuse police officer on a citizen’s claims for excessive force and failure to intervene, dismissing the entire complaint. He alleges the officer used unreasonable force to restrain him on suspicions that he inserted contraband into his rectum while being detained in a holding cell. He also alleges he was restrained both physically and medically at a local hospital and was forced to undergo a sigmoidoscopy in an effort to retrieve the contraband. Video surveillance shows the officer had not used unreasonable force during these events. The officer also successfully alleges that he was not involved in the hospital’s decision to sedate him or the order to perform the medical procedure.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 5, 2024, Case #: 5:20cv1215, NOS: Other Civil Rights - Civil Rights, Categories: tort, Negligence, police Misconduct
J. Hickey grants a sheriff department's motion to dismiss claims of violating the constitution for using the “Precision Immobilization Technique maneuver” alleged by a surviving wife whose husband died in a vehicle crash, after leaving an event intoxicated, with sheriffs following after. The widow failed to give evidence that a PIT maneuver was performed by the officers, so her unconstitutional policy claim fails.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: November 17, 2023, Case #: 1:22cv1027, NOS: Other Civil Rights - Civil Rights, Categories: tort, Wrongful Death, police Misconduct
J. Reidinger grants summary judgment to a law enforcement officer who allegedly pulled over a motorist and twisted his arms behind his back causing injury. The motorist, who alleges the officer violated several state and constitutional laws, was driving to meet someone and turned around after seeing a line of cars stopped in front of him. The line was a seatbelt checkpoint, so an officer tailed the motorist, assuming he was evading the checkpoint. The motorist allegedly did not stop for over three miles, then pulled over and got out of the car. The officer then allegedly twisted the motorist's arms to the point of injury that required medical attention. The motorist's claims of civil rights violations, unreasonable arrest and excessive force all fail because, based on his actions, the officer had probable cause.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, tort, 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. Higginson finds the district court improperly found the city violated the takings clause when it refused to compensate the homeowner for damage to her property caused by police officers use of armored vehicles, explosives and toxic-gas grenades to resolve a hostage situation. History and precedent affirm that the takings clause does not require compensation for damaged property when the destruction was objectively necessary to prevent imminent harm to persons in an active emergency. Reversed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 11, 2023, Case #: 22-40644, Categories: Property, tort, police Misconduct
J. Gesner denies summary judgment to the pawn shop owners on their civil rights claims stemming from their arrest and trial for allegedly knowingly buying stolen goods from a customer. The customer was adamant that the owners were unaware that the items were stolen and a jury eventually acquitted the shop owners. The arresting officer is entitled to absolute immunity because the shop owners' claims focus on his grand jury testimony. Also, the owners present no convincing evidence of their claims.
Court: USDC Maryland, Judge: Gesner, Filed On: August 24, 2023, Case #: 1:20cv1208, NOS: Other Civil Rights - Civil Rights, Categories: tort, Immunity, police Misconduct
J. Osteen partially denies a municipality’s motion for summary judgment on an excessive force claim and assault and battery claim against a particular police officer, one of several who pulled a Black female driver over and arrested her. Although the driver alleges officers racially profiled her, she fails to state a claim. However, based on her testimony and footage from the officers’ body cameras, her claims against one officer stand because he pulled his firearm on her when she showed no threat to the officers and held her hands up. He then pulled her out of the car by her arm and hair and dragged her to the ground, eventually handcuffing her even though she had been given about 10 seconds to comply with the officer’s orders.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:21cv322, NOS: Other Civil Rights - Civil Rights, Categories: tort, Assault, police Misconduct
J. Hamilton finds that a 17-year-old high school student may sue the police officer who allegedly sexually assaulted her on a course-required "ride along" with law enforcement. The officer allegedly groped the teen, and drove to a secluded area where he met another police officer, and repeatedly asked him if he wanted to have sex with the girl. However, the police chief cannot be held personally liable for the officer's conduct. Reversed in part.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-1550, Categories: tort, police Misconduct
J. Bennett denies the Baltimore Police Department its motion to dismiss allegations of battery made by a motorist after he was shot in the head by a police officer’s stray bullet during a high-speed chase. The motorist was caught in the crossfire as police chased someone they believed could be a suspect in a string of homicides. The chase occurred over 30 city blocks, including school zones, reaching speeds of up to 90 miles per hour. The motorist survived and developed a traumatic brain injury, limb paralysis, a debilitating seizure disorder, constant pain and loss of independence. The officers argue it was the suspect’s bullet that hit the motorist. However, since the bullet hit him from behind where the police were in pursuit, not from the front where the suspect drove, the motorist’s claim of battery has been satisfied.
Court: USDC Maryland, Judge: Bennett, Filed On: June 2, 2023, Case #: 1:20cv3431, NOS: Other Civil Rights - Civil Rights, Categories: tort, Firearms, police Misconduct