148 results for 'cat:"Malicious Prosecution"'.
J. Dick grants summary judgment to a Louisiana State University police officer, dismissing malicious prosecution claims by an intoxicated motorcyclist who tested negative for alcohol but positive for ketamine, an anesthetic that can induce sedation, pain-relief and amnesia. The undisputed facts are that the litigant drove recklessly, illegally turned around to avoid a sobriety checkpoint, did not yield to an attempted traffic stop by the officer and then crashed his bike in a single-vehicle accident resulting in his injuries. When deposed, the operator claimed to have no recollection of the events surrounding the 2018 incident, adding there is nothing that could jog his memory.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 5, 2024, Case #: 3:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, malicious Prosecution, Immunity
J. Jensen denies a pro se litigant’s motion to disqualify the Illinois Attorney General’s Office and an Illinois assistant attorney general. The litigant claims an assistant attorney general conspired with law enforcement officials in 2017 to wrongfully arrest him, fabricate evidence against him and ensure his conviction in an underlying bogus criminal case. Though a court eventually vacated his conviction, this court finds the litigant has not sufficiently shown how the assistant attorney general acted unethically.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: March 4, 2024, Case #: 3:22cv50041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, malicious Prosecution, Police Misconduct
J. Brown rules in favor of the officials in a civil rights and malicious prosecution action brought by the former social worker after she was arrested and lost her job for purportedly passing contraband to an inmate. The charges against the social worker were eventually dismissed. The special agent's motion to dismiss is granted only with respect to the social worker's illegal search claim. A reasonable jury could find that the agent intentionally made misstatements and omissions in the arrest warrant affidavit with respect to the contraband found in the inmate's cell and what was captured on a video of the social worker and the inmate. The agent is therefore not entitled to qualified immunity from the malicious prosecution claim.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 1, 2024, Case #: 1:21cv1992, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Bell grants three police officers’ motion for summary judgment following allegations of malicious prosecution and assault, among others, brought by a motorist who was suicidal during her encounter with the officers. The motorist left a suicide note and took her husband’s pistol when she left their house, but called a police non-emergency number when she got lost. The dispatcher called the officers, who arrived at the house ahead of the motorist. She drove past, leading the officers to pursue her. Eventually, they all returned to the house, where the motorist claims she was physically forced out of her car and onto the ground. Also, allegedly one officer jammed his knee into her back, and she was forcibly arrested. Because there was probable cause to arrest her and the officers have sovereign immunity, they are granted summary judgment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 29, 2024, Case #: 5:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Africk grants a request by a district attorney and his assistant state prosecutor to dismiss state law defamation claims by a litigant in connection with his arrest for taking pictures of a carnival amusement ride at a Catholic school fair. In an earlier federal suit related to that incident, a jury found a single sheriff’s deputy liable for excessive force violations, false arrest and imprisonment, and malicious prosecution. State prosecutors are protected by the doctrine of absolute immunity, while other claims are dismissed as time-barred.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 23, 2024, Case #: 2:23cv1247, NOS: Other Civil Rights - Civil Rights, Categories: Jury, malicious Prosecution, Police Misconduct
J. Magnus-Stinson rules in part for law enforcement, business defendants, and prosecutors in civil rights claims. The business defendant, a private corporation, cannot be sued for conspiring to violate plaintiff's civil rights related to a drug arrest, and prosecutors have immunity against claims contending they should have refrained from taking plaintiff to trial. However, malicious prosecution claims specifically based on the fourth amendment may proceed because plaintiff was acquitted of the criminal charges.
Court: USDC Southern District of Indiana, Judge: Magnus-Stinson, Filed On: February 21, 2024, Case #: 1:23cv2303, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Immunity
J. Roman grants the county's motion to dismiss due process and malicious prosecution claims filed by a prison guard who was accused of fraud after she applied for disability benefits based on a slip-and-fall on the job, but failed to disclose to the medical examiner that she regularly rode horses in local barrel racing competitions. The guard cannot show a special injury resulting from the county's pursuit of its fraud claims or that she was denied due process in any cognizable property interest.
Court: USDC Southern District of New York, Judge: Roman, Filed On: February 15, 2024, Case #: 7:19cv8931, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Due Process
J. Gomez finds the lower court properly refused to dismiss a malicious prosecution claim. While summary judgment and directed verdict motions from previous lawsuits may be used by a trial court to determine the validity of a subsequent malicious prosecution case, the denial of such motions against the plaintiff in the malicious prosecution case do not deprive that plaintiff of probable cause. Summary judgment motions could be denied for any number of reasons, while directed verdicts require application of the strictest standards, neither of which precludes a party from bringing a malicious prosecution claim in the wake of adversarial decisions in a previous case. Affirmed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: February 15, 2024, Case #: 2024COA17, Categories: Civil Procedure, malicious Prosecution, Negligence
J. Kocoras denies Chicago and its police officers’ motion for summary judgment on a resident’s claims of unreasonable seizure, false arrest, and malicious prosecution, finding the resident has sufficiently alleged that police entered his home without a warrant and arrested him without probable cause.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: February 15, 2024, Case #: 1:22cv1564, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
J. Alvord finds the lower court properly found for a police officer on malicious prosecution claims. There was probable cause for the officer to request an arrest warrant after the victim and an eyewitness made sworn statements the arrested individual violated a no-contact order when she made an obscene gesture to the victim. Although surveillance footage contradicted the victim's claims, the officer properly credited the sworn statements, which can be used to establish probable cause under Connecticut law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 8, 2024, Case #: AC45538, Categories: Evidence, malicious Prosecution
J. Orrick dismisses civil rights claims from Barry Gilton, who claims that San Francisco officials made up evidence to convict him of being involved in the murder of Calvin Sneed, of which he was eventually acquitted. His complaint is supported by largely circumstantial evidence and does not show that he was prosecuted without probable cause. Gilton's prior experiences with Sneed regarding troubles with his daughter, as well as Gilton's known connections to the gang involved in the killing, all gave prosecutors enough probable cause to indict Gilton.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 8, 2024, Case #: 3:22cv7697, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Dever grants a police detective’s motion to dismiss allegations of malicious prosecution brought by the nephew of an elderly woman who acted as her power of attorney. The nephew had access to and certain control over the woman’s bank account, which she had granted him. He went on vacation to Thailand and could not return as planned due to the Covid-19 pandemic. Shortly after, the woman passed away and Wells Fargo locked her account until her nephew could prove his power of attorney, which he could not do until he returned to the U.S. Suspecting foul play, the detective arrested the nephew accusing him of exploitation. Although this was not the case, the detective had just cause, so the nephew’s claim fails.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 5, 2024, Case #: 5:23cv466, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Elder Abuse, Banking / Lending
J. Kearse finds that the district court improperly dismissed malicious prosecution claims brought after plaintiff was arrested for violating a noise ordinance by shouting at a police car driving down a dark city street without its headlights on. Questions of fact remain unresolved as to whether the arrest was supported by probable cause and whether plaintiff's shouting fell under first amendment protections even had he been aware he was shouting at police.
Court: 2nd Circuit, Judge: Kearse, Filed On: January 31, 2024, Case #: 21-1036, Categories: Civil Rights, malicious Prosecution
J. Gustafson finds that the trial court properly dismissed a malicious prosecution, abuse of process and civil rights complaint filed by a licensed bail bondsman who was criminally charged with felony assault for pepper spraying a client who violated bond conditions. A bail bond is a civil contract and bail bondsmen lack the authority to arrest their clients without a warrant or probable cause. A bail bondsmen may arrest and surrender a client with a warrant, or when a forfeiture proceeding is pending or forfeiture is declared. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: January 30, 2024, Case #: DA 23-0256, Categories: malicious Prosecution
J. Ray partially grants the city's and officer's motion to exclude testimony from the driver's accident reconstruction expert witness in a malicious prosecution and civil rights action. The action arose after the driver was twice prosecuted for vehicular homicide after he suffered a seizure and caused a collision which killed his passenger. The case against the driver was eventually dismissed for insufficient evidence. The expert may not testify about whether the driver suffered a seizure, the impact of any such medical emergency on the driver's ability to operate the vehicle or whether the driver had any control over any seizure. The driver failed to show that the expert, who is not a medical doctor, is qualified to opine on whether he suffered a seizure.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 26, 2024, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Experts
[Consolidated.] J. Dillard finds that the trial court improperly refused to find in favor of the wholesale company or the company owner in a malicious prosecution and emotional distress action brought by the individual. The action arose from the individual's robbery, terroristic threats and battery indictment for trying to confiscate male sex-enhancement pills from the company which he claimed were counterfeit and infringing on his trademark. The trial court incorrectly analyzed elements of the malicious prosecution claim by failing to acknowledge the evidence that probable cause supported the individual's charged offenses. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1472, Categories: malicious Prosecution
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
Per curiam, the circuit finds that the district court properly dismissed false arrest and malicious prosecution claims brought after plaintiff's supervisor reported to police that she had sex with a 15-year-old in a bathroom stall. Plaintiff was acquitted of rape and endangering the welfare of a child, but independent probable cause justified arresting and prosecuting plaintiff, including surveillance video showing plaintiff with the boy before and after the incident and corroborating statements from a teenager who served as "lookout" and who also appeared in the video. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 11, 2024, Case #: 22-1928, Categories: malicious Prosecution
[Modified.] J. Streeter corrects a clerical error with no change in judgment. The trial court should have granted an anti-SLAPP motion filed in response to a malicious prosecution complaint. The record shows that a factual dispute over whether the use of a driveway was an easement or a license created probable cause to support the underlying breach of contract claim, so the malicious prosecution complaint was unlikely to succeed. Reversed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: January 8, 2024, Case #: A164867M, Categories: Anti-slapp, malicious Prosecution, Property
J. Wood partially rules in favor of the sheriff and police officers in a civil rights, malicious prosecution and negligent hiring action brought by the individual arising from her arrest for calling 911 about gunfire near her home. The charge against the individual was eventually dismissed. The individual failed to show that a causal connection exists between one officer's actions and the adverse effect on the individual's speech. However, a dispute of fact exists as to whether the individual engaged in protected speech and as to whether another officer had a subjective motivation to retaliate against and arrest the individual because of her speech. A jury must determine whether the officer had probable cause to arrest the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 29, 2023, Case #: 2:20cv110, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Fuentes denies Chicago and its police officers’ motion to bifurcate a wrongfully imprisoned man’s claims against them, and also denies the city’s motion to stay discovery until the claims against the individual police have been settled. The wrongfully imprisoned man spent 28 years behind bars for a murder and murder attempt he did not commit because Chicago police deliberately framed him, he says. The court declines to bifurcate the man’s civil rights claims against the police from his Monell claims against Chicago based partly on wanting to conserve “judicial economy” — even if the individual claims against the police fail, the Monell claims against the city implicating them may still stand. This, the court ruled, speaks to the overlap between the defendants both in discovery and litigation.
Court: USDC Northern District of Illinois, Judge: Fuentes, Filed On: December 27, 2023, Case #: 1:23cv4268, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Indemnification, Police Misconduct
J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
J. Epps recommends that a civil rights and malicious prosecution action brought by the individual against the Georgia State Patrol and two officers be dismissed. The action arose out of three traffic stops which resulted in the individual being arrested for DUI twice and once for driving with a suspended license. The first DUI charge was disposed of by order of nolle prosequi. Since the patrol is an agency of the state and the state has sovereign immunity, the civil rights claim should be dismissed. The individual failed to allege that one officer lacked sufficient probable cause to arrest him. The individual's state court conviction bars his false arrest claim as to his second traffic stop and arrest.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: December 20, 2023, Case #: 6:23cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Emotional Distress