148 results for 'cat:"Malicious Prosecution"'.
J. Fallon allows plaintiffs to continue several civil rights claims contending Chinese-Americans had been stopped for transporting alcohol across state lines without a license because the allegations sufficiently state claims of false arrest, false imprisonment, and malicious prosecution under Delaware law.
Court: USDC Delaware, Judge: Fallon, Filed On: September 28, 2023, Case #: 1:22cv1065, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Licensing, malicious Prosecution
J. Barrett denies, in part, the county's motion to dismiss, ruling the statute of limitations on the wrongfully convicted individual's malicious prosecution claim did not begin to run until his conviction was overturned in 2020 and, therefore, that claim is not time-barred. Meanwhile, the wrongfully convicted individual's claim that autopsy and crime scene photographs proved he was not the driver of vehicle on the night of the fatal crash is sufficient to support his claim of a Brady violation.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 27, 2023, Case #: 1:22cv315, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, malicious Prosecution
J. Kelsey finds that the trial court properly found for the homeowners' association in malicious prosecution claims brought after the association pursued a lien for failure to pay dues and assessments because the lot owner, who had been aware of HOA obligations at the time of purchase, failed to demonstrate malice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kelsey, Filed On: September 27, 2023, Case #: 1D22-573, Categories: malicious Prosecution, Property
J. Kim partially grants the Cook County State's Attorney's Office's motion for protection against producing documents in an underlying class action suit against Chicago's controversial use of ShotSpotter crime alert technology. The class has subpoenaed the CCSAO for documents and emails related to a case the office prosecuted on the back of ShotSpotter alerts, only to later drop. The court finds that several of the requested documents and emails are protected, but demands the CCSAO produce the rest.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: September 25, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Discovery, Class Action
J. Summerhays grants requests by a parish District Attorney and his assistant D.A. who also is a tribal prosecutor, dismissing malicious prosecution claims against them by a former elected tribal leader of the Chitimacha Tribe of Louisiana, who was acquitted of criminal charges related to his former employment at a casino owned by the tribe. “Absolute” prosecutorial immunity bars the tribal leader’s state-law claims against the prosecutors. “There is no dispute that [the tribal leader] was the subject of criminal proceedings, which resulted in his acquittal.” The tribal official’s suit attempted to show that the prosecutors engaged in a frivolous investigation, fabricated evidence, and used perjured testimony at his trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 22, 2023, Case #: 6:22cv404, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, malicious Prosecution
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J. Africk denies a request by the New Orleans District Attorney to dismiss a wrongful conviction claim against his office by a former criminal defendant who spent 26 years in prison following his conviction in 1995 for first-degree murder based on the acknowledged unconstitutional suppression of favorable evidence by prosecutors under a former D.A. The current district attorney’s contention that the freed defendant has no claim against his office because the state is responsible for the parish district attorneys’ actions is “without merit.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 21, 2023, Case #: 2:23cv1922, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, malicious Prosecution
J. Garaufis finds in favor of the City of Yonkers and a group of city police officers on claims that they falsely arrested and charged a NYPD police officer with shooting his on-and-off again girlfriend with his service pistol during an argument. During the initial interview with authorities, the girlfriend seemed apprehensive around the officer and claimed an unidentified attacker shot her outside her apartment. However, she later changed her story to claim the officer had in fact accidentally shot her with his pistol. Taken as a whole, there was enough evidence at the time to arrest and charge the officer on suspicions of domestic abuse.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 20, 2023, Case #: 1:18cv5353, NOS: Employment - Civil Rights, Categories: malicious Prosecution, Police Misconduct
J. Rubin finds in favor of a county and two of its police officers in a lawsuit stemming from officers arresting a man for a murder he did not commit. The man, who spent over one year in prison awaiting trial, was acquitted by a jury. Based on eyewitness reports and camera footage, the man was mistakenly identified as the gunman. The man argues malicious prosecution, but this fails because there was probable cause for his arrest. Therefore, the officers and county have the right to qualified immunity.
Court: USDC Maryland, Judge: Rubin, Filed On: September 11, 2023, Case #: 1:21cv347, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Immunity
J. Mehalchick finds that Scranton school board defendants are immune from certain liability as high public officials but allows a maintenance director to continue malicious prosecution, false arrest, and false imprisonment claims contending he had been "scapegoated" when the public found out the school contained toxic lead and asbestos, even though he had tried to warn the school about these hazardous conditions for years. The maintenance worker successfully alleges his arrest for endangering children had been based on false statements designed to shield school defendants from responsibility.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: September 11, 2023, Case #: 3:22cv1514, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Immunity
J. Higginson finds the district court properly dismissed this case with prejudice. The delivery driver brought suit against his employer on claims of defamation, false arrest, malicious prosecution and infliction of emotional distress after he was terminated and arrested for theft of product. The company has provided ample evidence supporting their position that they reported their findings with the honest and reasonable belief that the driver was stealing. The driver provides no evidence to dispute this. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-30245, Categories: Civil Rights, malicious Prosecution, Defamation
J. Dever partly dismisses a citizen's complaint that his freedom of speech was violated by the chair-at-large of a county health and human services department after he was physically removed from several public hearings for not wearing a face mask. The chair-at-large allegedly ordered a number of sheriffs at the public hearings to remove the citizen as the chair was adamantly pro-mask in regards to Covid-19 safety protocols. However, the citizen argues that she prevented him from speaking altogether by using his choice to remain unmasked as an excuse to bar him from participating. His argument that the sheriff arrested him "to make an example of him" is not sufficient concerning his forcible removal from one meeting, thus it is dismissed. However, he plausibly argues that the chair violated his right to free speech, and he is given leave to file an amended complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 7:22cv179, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Covid-19, First Amendment
J. Sannes preserves a woman’s false arrest, malicious prosecution and conspiracy claims against the city of Saratoga Springs. She says a local police officer and two officials at the Saratoga Casino Hotel, one of which was the city’s former chief of police, conspired to arrest her on false charges of petit larceny after a casino cashier mistakenly gave her an extra $850 while redeeming her lottery scratch-off tickets. She sufficiently alleges probable cause did not exist for her arrest because the defendants were informed by the local district attorney’s office that it believed no crime had been committed on the belief that the woman herself had asked the cashier to verify the amount, thinking she had received too much.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 29, 2023, Case #: 1:22cv1154, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Police Misconduct
J. Hall grants a motion for judgment on the pleadings and finds in favor of a group of special agents with the Immigration and Customs Enforcement’s Child Exploitation Group of Homeland Security department on a mother’s false arrest, malicious prosecution and failure to intervene claims. She alleges they fabricated evidence that alleged she sexually exploited her five-year-old daughter. The court finds the case presents a new context under the Bivens framework in several aspects which preclude the court from ruling on her claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: August 29, 2023, Case #: 1:15cv34, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, malicious Prosecution, Police Misconduct
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
J. Boardman denies summary judgment to a driver after police officers pulled her over and allegedly assaulted her and unnecessarily arrested her. The officers claim the driver purposely drove on private property to avoid a “traffic control device,” drove while talking on her phone and had expired tags. One officer requested back up and the group eventually ordered the driver out of her car. She describes being afraid so she refused to exit. The officers allegedly cut her seatbelt with a knife and forcibly removed her from the car, then restrained her on the ground while arresting her. After review of the evidence including bodycam footage, it was found that officers behaved reasonably and that the driver’s claims lack merit.
Court: USDC Maryland, Judge: Boardman, Filed On: August 25, 2023, Case #: 8:22cv1542, NOS: Constitutionality of State Statutes - Other Suits, Categories: malicious Prosecution, Vehicle, Negligence
J. Horton finds the trial court properly entered summary judgment in favor of the judge in this suit alleging malicious prosecution and civil conspiracy brought by the process server who was arrested after disrupting the court’s proceedings when attempting to serve the judge. No evidence has been shown to refute summary judgment evidence that the judge didn’t instruct the bailiff to arrest the process server, didn’t speak to the authorities who investigated the arrest, and never spoke to the district attorney who made the decision to bring charges. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 17, 2023, Case #: 09-21-00084-CV, Categories: Evidence, malicious Prosecution
[Consolidated.] J. Reidinger partially grants a sheriff summary judgment following allegations of malicious prosecution and negligence by a gravestone company owner after the sheriff arrested him three times in four months. The owner was unable to fulfill multiple customer contracts based on cemetery regulations and invariably told customers he would “take care of” whatever problems arose. But he failed to follow through while keeping the money they’d invested. The sheriff had a right to arrest the owner each time based on the charge of obtaining property under false pretenses. However, the sheriff’s surety bond waives governmental immunity as it applies to the bond company and the sheriff himself, so the owner may proceed on negligence claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 17, 2023, Case #: 1:22cv37, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Negligence, Contract
J. Grimberg finds in favor of the police officer and sheriff's deputy in a civil rights, malicious prosecution, assault and battery action brought by an individual arising from his arrest following an altercation with the police officer over his violation of courtroom phone etiquette protocol. There was probable cause to arrest the individual because a reasonable person would have believed he committed a criminal offense in his altercation with the officer. The officer is entitled to qualified immunity because he was acting within the scope of his discretionary authority at the time of the incident. The officer's use of force in arresting the individual was reasonable.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:21cv4846, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Immunity
J. Weisman denies a wrongfully convicted man’s motion to name an additional expert in his case against Chicago and the Chicago police. The man, allegedly framed and wrongfully convicted for a double murder, wishes to have a police practices expert testify as part of his case, given the history of Chicago police framing individuals for crimes they did not commit. The court, however, finds that the man’s potential for success at trial would not be diminished by barring said expert, but that adding a new witness would disrupt the planned trial date.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: August 14, 2023, Case #: 1:21cv1159, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Experts, Police Misconduct