356 results for 'cat:"Civil Rights" AND cat:"Police Misconduct"'.
J. Carnes finds that the district court properly denied the police officers' motion to dismiss based on qualified immunity an unlawful seizure claim raised by the individual in a civil rights action arising from her arrest after moving a barricade in a mall parking lot. The individual was trying to leave after failing to locate a protest in the wake of George Floyd's death. The officer lacked reasonable suspicion to stop the individual's vehicle. The district court improperly denied one officer's motion to dismiss the individual's claim that he violated her rights by failing to intervene in the other officer's use of excessive force. Also, the 11th Circuit lacks jurisdiction to consider the officers' challenge to the district court's decision not to incorporate some video footage of the incident into the pleadings. The challenge amounts to a claim that the district court made an incorrect evidentiary ruling. Affirmed in part.
Court: 11th Circuit, Judge: Carnes, Filed On: April 5, 2024, Case #: 22-12946, Categories: civil Rights, police Misconduct
J. Kleeh grants in part the motion of the Lewis County Commission and three deputy sheriffs for partial summary judgment in the deceased parolee’s estate's suit claiming the deputies caused the parolee's death, when following a foot pursuit in the course of serving a warrant for his arrest, the deputies tased, then held him face-down for an extended period until paramedics arrived. The deputies are granted qualified immunity on the estate's excessive force claims, finding it has failed to demonstrate the deputies violated a clearly established right by using their Taser to subdue the parolee, and on its Monell claim of municipal liability against the commission for violating a clear custom and practice, since prior to their apprehension of the parolee they have never been accused of either excessive force or failing to render medical assistance.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: April 4, 2024, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, police Misconduct
J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: civil Rights, Negligence, 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. Ripple finds that the lower court properly found for the officer on false arrest claims stemming from a man's arrest on charges of being a hit-and-run driver. Three witnesses asserted that the man was the aggressor in the underlying incident, and the officer therefore had probable cause to arrest him based on that information. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: April 1, 2024, Case #: 23-2574, Categories: civil Rights, police Misconduct
J. Major partly grants a civilian's motion to compel production of a police officer's personnel files after he performed a leg sweep on him, which resulted in a shattered eye socket. Although the files may contain some irrelevant information, the production of 300 pages is not disproportionate to the needs of the case. Furthermore, the officer's privacy concerns do not outweigh the civilian's need for the requested information, especially given that certain identifying information can be redacted.
Court: USDC Southern District of California, Judge: Major, Filed On: March 29, 2024, Case #: 3:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, police Misconduct
J. Nunley denies, in part, a city’s motion to dismiss a man’s civil rights claims arising from his arrest for murder. He has sufficiently pleaded his claims for malicious prosecution, conspiracy, deliberate fabrication of evidence and related claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: March 29, 2024, Case #: 2:23cv1177, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Joseph partially grants the citizen's motion for attorney fees in his lawsuit over his shooting by Milwaukee police in 2014, which in 2023 resulted in a jury's verdict in his favor on his excessive force and failure to intervene claims and an award of $2 million in damages. As the city and police officers point out, the citizen's request for $474,049 in attorney fees and costs in part bills for excessive time for multiple attorneys, so he is only awarded $239,224 in attorney fees and $149 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: March 29, 2024, Case #: 2:20cv487, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Attorney Fees, police Misconduct
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, police Misconduct
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Malicious Prosecution, 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. Flanagan partially denies a police officer and municipality their motion to dismiss allegations of Fourth Amendment violations brought by a resident whom the officer grabbed in an attempt to pull her out of her home. The officer, standing just outside the threshold of the resident’s front door, repeatedly ordered her to step outside, twice grabbing her arm in an attempt to pull her outside although he had no warrant. His argument of suspicion is also insufficient, and, thus, he cannot use official immunity as a defense and neither can the city as his employer.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv207, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Marmolejo denies, in part, two police officers' motion for summary judgment on a man's excessive force claims arising from a car chase that ended with officers firing at him nine times, leaving him wheelchair-bound. They are not entitled to immunity based on his allegations they shot at his disabled vehicle after it drove away into a fence.
Court: USDC Southern District of Texas, Judge: Marmolejo, Filed On: March 27, 2024, Case #: 5:22cv22, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, 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. 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. Doughty denies a request by a parish governing body to dismiss claims of vicarious liability for deliberate indifference to the medical needs of a pre-trial detainee, a former California resident who was moving cross-country in a U-Haul truck with a hired helper when the two men were arrested and jailed on narcotics allegations that were later dismissed. After a jail nurse recorded a high blood pressure rate requiring hospitalization, the litigant requested medical attention; however, he was allegedly strip-searched and placed in a holding cell for hours and ignored. The day of his release from jail, he allegedly collapsed in a hotel hallway from a stroke.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: March 25, 2024, Case #: 1:23cv899, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, 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