354 results for 'cat:"Civil Rights" AND cat:"Police Misconduct"'.
J. Chutkan denies, in part, the district and several police officers' motion for judgment on the pleadings in an excessive force case. The officers are not entitled to immunity based, in part, on the individual's claims and body-cam footage depicting force being used on the individual even after he was subdued.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: March 20, 2024, Case #: 1:22cv3764, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, police Misconduct
J. Jung finds in favor of the driver in her civil rights complaint alleging she was falsely arrested for a DUI. Video evidence shows that the officer did not properly administer the field sobriety tests. Furthermore, the driver spoke clearly, was steady on her feet, and told the officer that she only had two to three alcoholic ciders over the course of 6.5 hours. A reasonable officer would not not believe that the driver was impaired.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 18, 2024, Case #: 8:22cv2356, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
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J. Conley partially grants motions for summary judgment in the citizen's lawsuit against the police officers claiming unlawful search and seizure, illegal use of force, racial discrimination and other charges in connection with a traffic stop in which the citizen, who is Black and was on probation at the time, was pulled over after leaving a hotel known for illegal drug activity and had his car and hotel room searched, leading to drug and weapon possession charges against him. In part because genuine disputes of fact exist regarding whether the officer who originally pulled the citizen over had reasonable suspicion he had done anything illegal, that officer's motion for summary judgment is denied. Three other officers are granted summary judgment because they are entitled to qualified immunity, and two more officers are also awarded summary judgment because they were not involved enough in the citizen's claims.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: March 15, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Rodriguez partially excludes expert testimony in a case stemming from an incident in which the officer shot a man while he was standing in his window with a rifle in his hand upon investigating an assault that occurred earlier that day. The witness was a former police officer and use-of-force expert but can't opine on facts that were still disputed in the case, such as the credibility of the officer or of the man's girlfriend.
Court: USDC Colorado, Judge: Rodriguez, Filed On: March 15, 2024, Case #: 1:21cv2715, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Experts, police Misconduct
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. Vitter grants a request by a driver suing a sheriff's department, excluding the testimony of a veteran narcotics officer with “expertise in olfactory science” who claims a deputy could smell marijuana coming from the litigant’s car because the drug has an unmistakable odor that “becomes part of the user’s life.” None of the the opinions by the expert meet federal standards for reliability and relevancy, as his opinions do not assist the trier of fact and are not the product of reliable principles and methods. “No expertise is needed to understand that the opening and closing of a car door may allow odors contained within the vehicle to escape.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 14, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Evidence, police Misconduct
J. Morgan denies immunity to four prison officers who allegedly violated an inmate’s constitutional right to basic hygiene and sanitation during his four-day confinement to a “dry cell.” The officers suspected the inmate stored contraband in his rectum, repeatedly ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip-searches, and undergo x-rays; however, no contraband was found.
According to the inmate’s undisputed account, he was denied a shower, not allowed to wash his hands or brush his teeth, and had to eat near an open bucket of human waste.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 13, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, Immunity, police Misconduct
J. Schiltz largely grants the city and its law enforcement officials' motion to dismiss the Black motorists and residents' suit alleging that police improperly took their white neighbors' side in an ongoing campaign of racial harassment, particularly in an incident wherein one of the neighbors cut the Black motorist off in traffic, sounded his horn and repeatedly called him by racial slurs and threatened him with violence while following him around town, then fled police when they arrived only for the police to arrest the Black motorist. Claims against the arresting officer survive, since the motorist has adequately identified a similarly situated comparator of a different race, namely the neighbor. They have not, however, adequately alleged that the city and its officials had sufficient roles in the neighbors' harassment campaign to establish continuing violations and therefore extend the limitations period for the individual incidents they allege. A claim against the neighbor also survives.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 13, 2024, Case #: 0:23cv1758, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Lovric awards a New York resident $50,000 in damages after finding a local town police officer liable for claims of false arrest and excessive force stemming from an altercation regarding a loud noise complaint. The local town does not have a noise ordinance, thus there was no cause to arrest him on charges of obstructing governmental administration. The court further finds from video footage that the resident posed little threat to the officer and was not resisting arrest.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: March 12, 2024, Case #: 3:21cv484, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Wood partially refuses to find in favor of the city and two police officers in a civil rights and negligence action brought by the father after his son's death. The son crashed into a tree during a high-speed chase that occurred after he was stopped by police for a broken tail light. The city is not entitled to sovereign immunity from the father's claims. A reasonable jury could find based on body camera footage that one officer lied about the son having and pulling a gun out of his pocket during the traffic stop. A reasonable jury could also find that the other officer knowingly adopted and perpetuated the first officer's alleged lies and that the officers engaged in the high-speed chase with an intent to physically harm the son. However, the city's motion for summary judgment on the punitive damages claim is granted.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 8, 2024, Case #: 2:22cv30, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Frank grants the city and police officers' motion for summary judgment in the mother's wrongful death suit stemming from the locally high-profile police killing of her autistic son, Kobe Dimock-Heisler. The police officers are entitled to qualified immunity, since they had probable cause to believe that the son, carrying a knife, posed an immediate threat of death or serious bodily injury to others when they shot him.
Court: USDC Minnesota, Judge: Frank, Filed On: March 7, 2024, Case #: 0:22cv2124, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, police Misconduct
J. Jenkins partially grants a motion for summary judgment from an Illinois village and its police, on claims the police used fatally excessive force during an arrest. The arrestee died of choking-related injuries he sustained after swallowing a plastic bag while police were on top of him and holding him down. The court grants judgment to the police on the excessive force claim as to the allegation that they stuck a plastic bag in the arrestee’s mouth, finding it is not sufficiently backed by evidence, but allows the excessive force claim to stand regarding other elements of the arrest.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 5, 2024, Case #: 1:21cv3236, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, police Misconduct
J. Gibney grants the deputy's motion for judgment on unlawful arrest and illegal detention claims. Two brothers walked on a road near a courthouse when a police officer noticed them and approached them. The brothers, who were recording video at the time, told the officer that they were within their rights to be on the road filming and even went as far as telling the cop that as long as he did not violated their rights they would not hurt them. The officer had probable cause to arrest the pair because walking on the roadway is illegal.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 4, 2024, Case #: 3:21cv575, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Shah partially grants the Cook County sheriff’s motion to dismiss civil rights claims brought by a man who is a former county arrestee. Deputies arrested the man while he was on pre-trial release in another case, without a warrant or court order, after they decided he had strayed from his court-ordered electric monitoring area. He ended up serving two years in jail, and now brings charges against the sheriff’s office for Fourth and 14th Amendment violations. The court finds he has not sufficiently alleged his 14th Amendment claims, but his Fourth Amendment claims against unlawful seizure stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: March 1, 2024, Case #: 1:23cv1782, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Traynor grants a motion to dismiss from several North Dakota Counties and law enforcement in a matter stemming from the Dakota Access Pipeline protests in which the reporter alleges that officers used excessive force to detain her. The panel held that it was objectively reasonable for the arresting officers to believe they had authority to arrest the reporter for physical obstruction of a government function.
Court: USDC North Dakota , Judge: Traynor, Filed On: March 1, 2024, Case #: 1:22cv211, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
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
[Consolidated.] J. Cogburn grants a municipality’s motion to stay this suit during the ongoing appeal, sought by one of its police officers, of a negligence suit brought by a man the officer shot while he was at the local airport. The appeal must be resolved before the present suit can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 29, 2024, Case #: 3:21cv455, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, police Misconduct
J. Peterson grants the police officers and dispatchers' motion for summary judgment in the citizen's pro se lawsuit claiming he was blocked from filing a complaint against one of the officers, who the citizen also claims insulted him and called him racial slurs along with another officer when they were sent out to field his complaint. Because the weight of the audio and video evidence contradict the citizen's suggestion that he was unlawfully blocked from filing his complaint through the normal process, or that any of his constitutional rights were violated at any point, his First Amendment, Fourth Amendment and 14th Amendment claims all fail and his motion for summary judgment is denied. The citizen's case is dismissed on the merits, and because he repeatedly engaged in misconduct such as clearly fabricating allegations of race-based discrimination, the citizen is sanctioned, in part, by being blocked for two years from filing any civil lawsuit except habeas corpus petitions without prepaying the filing fee.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: February 29, 2024, Case #: 3:21cv555, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Kleeh grants the motion of two West Virginia State troopers and a Preston County Sheriff's deputy for partial dismissal of a Kingwood man's civil rights suit. The man claims the deputy wrongfully entered a home after he called 911 seeking assistance to have his sister removed following a verbal altercation, then aided by the two troopers who arrived later on the scene, wrongfully detained and arrested him for obstruction. The two troopers are entitled to qualified immunity since they acted properly within their scope of authority as state police officers.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: February 26, 2024, Case #: 1:23cv83, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, police Misconduct
J. Kleeh denies in part the motion to dismiss a civil rights suit claiming deputies caused a man's death, after responding to a 911 call from the couple he was living with while he was experiencing a "mental health issue." The deputies allegedly tazed the nude man in the back and left him handcuffed face down on the floor of the home, causing him to go into cardiac arrest because of his obesity and inability to breathe properly. The court denies the deputies qualified immunity since the man, despite his size, was unarmed, not resisting arrest and not attempting to flee from the deputies.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 26, 2024, Case #: 3:23cv177, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, police Misconduct