148 results for 'cat:"Malicious Prosecution"'.
J. Streeter finds that 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: December 19, 2023, Case #: A164867, Categories: Anti-slapp, malicious Prosecution, Property
J. Zainey denies summary judgment to an ex-defendant whose murder conviction was vacated on constitutional grounds after he spent more than 28 years in prison. The former defendant cannot rely on the "self-flagellating” post-conviction admissions of the New Orleans District Attorney in 2021 to fulfill his burden of proof in his civil rights suit against the DA's office, alleging prosecutorial misconduct by prior regimes. When the DA joined the defendant’s post-conviction appeal, he sought justice for the ex-defendant and he did so “at the risk of his own office’s coffers, the protection of which would have better served his own office."
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 7, 2023, Case #: 22cv15, NOS: Insurance - Contract, Categories: Civil Rights, Constitution, malicious Prosecution
J. Joseph denies a request by parish authorities to dismiss claims of malicious prosecution by a citizen who says his run-ins with police at a department store and a Home Depot stem from their desire to punish him for his exercising his constitutional right to freedom of speech while “peacefully shopping.” The outspoken shopper correctly argues, though without citation to any authority, that his state law claims against police are not time-barred because criminal cases against him related to his run-ins with the law remain pending.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:23cv894, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution, malicious Prosecution
J. Reidinger concurs with a jury that a man who was allegedly beaten by police officers, who also allegedly shot and killed his dog during their arrest of the man, is not liable for battery on one of the officers who counter-sued him. The court also found that the six named law enforcement officers have no obligation to the man for their actions. However, the man was found to be liable to one of the officers for $40,000 in compensatory damages.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
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J. Walker affirms the lower court's orders dismissing the Hampshire County Sheriff deputy's 2019 civil suit accusing a West Virginia state trooper and two county prosecutors of conspiring to prosecute him in 2017 on charges of domestic assault and domestic battery on which he was later acquitted. There is no error in the suit's dismissal since prosecutors have absolute immunity in civil cases, and the deputy's claims against the trooper for civil conspiracy and abuse of process have no support beyond his claim for malicious prosecution. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-0111, Categories: Government, malicious Prosecution, Immunity
J. Gillmor dismisses several counts, including negligence and false arrest, against a Honolulu police officer that arrested a man for sexual assault of a minor in 2003. These claims, brought in 2021, exceed the statute of limitations because the initial arrest and conviction occurred almost 20 years ago, the man was released from prison nearly 10 years ago and the convictions were vacated over two years ago. A malicious prosecution claim against the officer remains however, as time for this claim only began accruing in 2020, when the circuit court dismissed the criminal case on remand.
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 8, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Negligence
J. Pryor finds that the district court properly ruled in favor of the deputy and sheriff in a civil rights, conspiracy and malicious prosecution action brought by a driver alleging that he was illegally arrested, detained and prosecuted for driving a methamphetamine trafficker to an undercover drug sting. Although the probable cause affidavit signed by the deputy contained errors, including a misstatement about the amount of drugs involved and an incorrect claim that the meth purchase happened in the driver's car, the deputy is entitled to qualified immunity because probable cause still existed for the driver's arrest as a principal to meth trafficking. The driver furthered the drug trafficking by driving the dealer to the purchase location and stayed for the whole transaction. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: October 31, 2023, Case #: 22-12324, Categories: Civil Rights, malicious Prosecution
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, malicious Prosecution
J. Newsom vacates the prior panel opinion issued in the case and substitutes the instant opinion finding that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by a mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 27, 2023, Case #: 22-11141, Categories: malicious Prosecution, Immunity
J. Newsom finds that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by the mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 25, 2023, Case #: 22-11141, Categories: malicious Prosecution, Immunity
J. Wood finds the circuit court properly found the dentist’s malicious prosecution and civil conspiracy claims brought against his patients, who say that the dentist sexually abused them while under anesthesia, are barred by collateral estoppel. The dentist did not establish the elements of malicious conduct and lack of probable cause necessary to prove his federal malicious prosecution claim, and that claim fails in state court. Because his federal conspiracy claim was predicated on malicious prosecution, the state claim for civil conspiracy fails. The court’s decision regarding a failure to properly serve is reversed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-20-366, Categories: malicious Prosecution, Assault
J. Pritzker finds that the lower court properly granted a school district dismissal of claims brought after a custodian was fired for misconduct based primarily on his personal use of school equipment. Claims that plaintiff was falsely arrested and imprisoned for stalking based on his social media posts had not been raised in the notice of claim, and school officials enjoyed qualified privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: October 19, 2023, Case #: 535797, Categories: Civil Procedure, malicious Prosecution, Privilege
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Immunity
J. Rodriguez declares disbarred California attorney Elizabeth Karnazes a vexatious litigant, imposing an order prohibiting her from filing new litigation without permission from the particular court’s judge. She has shown a persistent pattern of filing meritless appeals, imposing substantial costs requiring court staff to respond to excessive communications and addressing repeated violations of the California Rules of Court.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: October 11, 2023, Case #: A167888, Categories: Administrative Law, Contempt, malicious Prosecution
J. Chang partially grants multiple Chicago-area law enforcement officials’ motion for summary judgment on a wrongfully convicted man’s civil rights case. The man spent over 16 years in jail for a murder he didn’t commit after Chicago police fabricated evidence against him. After his conviction was finally vacated the man brought numerous counts not just against the police who worked to put him in jail, but against Chicago, the Cook County State’s Attorney’s Office, the Cook County Sheriff Department and all others who allowed the police to get away with the framing. In the interests of encouraging the parties to settle, the court fully dismisses all claims against several individual police, while allowing other claims for conspiracy, fabrication, malicious prosecution, infliction of emotional distress and indemnification to stand against the city, county and several individual police and higher-ranking law enforcement officials.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:18cv8144, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Emotional Distress, Police Misconduct
J. Kness grants a narcotics officer’s motion for summary judgment on a Black Illinois man’s false arrest and malicious prosecution claims. The officer, looking to confirm the identity of and then arrest a Black drug dealer known as “Buzzy,” had another policeman pull over a suspect on a bogus traffic stop. The narcotics officer, after getting the suspect’s name, concluded it was Buzzy and charged the man on drug dealing offenses. At trial, a jury acquitted the man of all counts, and he claimed in his subsequent civil suit that the narcotics cop had accused him of being Buzzy simply because he was another Black man in the same age range. Despite this, the court believes the narcotics officer was justified in charging the man falsely identified as Buzzy, and also finds that the narcotics officer has qualified immunity.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 29, 2023, Case #: 1:20cv5072, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
J. McElroy allows plaintiff to continue false arrest and malicious prosecution claims concerning his arrest for the 1988 murder of a 10-year-old girl because plaintiff sufficiently pleaded the arrest warrant included false and/or misleading statements and that he has suffered damaged due to the arrest, even after charges were dropped.
Court: USDC Rhode Island, Judge: McElroy, Filed On: September 28, 2023, Case #: 1:21cv46, NOS: Civil Rights - Habeas Corpus, Categories: malicious Prosecution
J. Summerhayes denies a request by a prosecutor to dismiss claims of misconduct by a former criminal defendant who alleges he spent 44 years in prison for two rapes he did not commit. The former defendant contends the prosecutor fabricated a police report to defeat his alibi evidence. The creation and use of fake evidence constitutes investigative conduct for which an individual prosecutor would not be absolutely immune. The former defendant was freed after a state judge held that due process violations deprived him of a fair trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 28, 2023, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Immunity, Due Process