66 results for 'cat:"Civil Rights" AND cat:"Malicious Prosecution"'.
J. Land grants the motion to dismiss the individual's civil rights, excessive force and malicious prosecution action with respect to three police officers. The individual knew or should have known of the injuries giving rise to his excessive force, assault, battery and unreasonable search claims on the date of his arrest but failed to file his action until four years later. The claims are therefore time-barred. However, the motion is denied as to the individual's malicious prosecution claim against one police officer and two probation officers. The individual adequately alleged that the probation officer should have known the probation warrant was not supported by probable cause and that the police officer should have known the arrest warrant for loitering and prowling lacked probable cause.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 3:22cv77, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Hall denies the officials' motions to dismiss a civil rights and malicious prosecution action brought by the pastor and three congregants. The action arose after police officers issued reckless conduct citations to the four for attending church services in violation of Covid-19 executive orders requiring Georgia residents to shelter in place in their homes in April 2020. The charges were later dismissed. The action is an impermissible shotgun pleading and the pastor and congregants are ordered to file a second amended complaint within 14 days from the date of the instant order.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 6, 2023, Case #: 6:22cv57, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Covid-19
J. Stearns denies, in part, four officers' motion to dismiss an individual's claims arising from her arrest and conviction for arson and the resulting death of her parents in a house fire. She sufficiently alleges bad faith to support her claim regarding the destruction of exculpatory evidence, and she sufficiently pleads her civil conspiracy claim.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 24, 2023, Case #: 1:23cv10340, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, malicious Prosecution
J. Shah partially grants a group of Chicago police officers’ motions for summary judgment on malicious prosecution, conspiracy and intentional tort claims, brought by a man wrongfully imprisoned by almost three decades. The police in question framed the man for a 1991 murder by planting false evidence and coercing his confession, and he was only released on an overturned conviction in 2018. The court grants judgment to several individual officers who have not been sufficiently tied to the framing, but the counts stand against the rest.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:19cv2204, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Mannion finds that plaintiff, who called 911 in the throes of a mental health crisis, may continue disability discrimination claims brought after Pennsylvania state police officers shot him three times as he was surrendering his firearm following a standoff because the officers may not have acted with regard to plaintiff's psychiatric disorders, including depression, bipolar disorder, and post-traumatic stress disorder, all of which may constitute disabling conditions.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 17, 2023, Case #: 3:22cv1107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
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J. Gibbons finds the lower court erroneously found for a town and county on a CBD shop's civil conspiracy claim arising from police raids and criminal charges that were eventually dropped. Evidence in the record would allow a reasonable jury to conclude the sheriff and other officials knew the products sold in the CBD stores and involved in the simultaneous raids were legal, which in turn made the operation illegitimate from the outset. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: May 16, 2023, Case #: 23-5106, Categories: civil Rights, malicious Prosecution