97 results for 'filedAt:"2023-12-04"'.
J. Perez Friscia finds the lower court properly vacated the final judgment entered against a corporation in tax sale foreclosure claims because evidence does not indicate the court abused its discretion, and the New Jersey constitution explicitly prohibits private corporations from taking private property in such cases. Affirmed.
Court: New Jersey Appellate Division, Judge: Perez Friscia , Filed On: December 4, 2023, Case #: A-3315-21, Categories: Property, Tax
J. Miller finds that the trial court properly denied defendant's motion for acquittal on assault and weapons charges. Although the gun he used during the confrontation with the victim was not loaded, he held it to her neck and threatened to "blow her brains out," which satisfied all elements of the offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 4, 2023, Case #: 2023-Ohio-4362, Categories: Evidence, Robbery, Assault
J. Cogburn partially grants a county sheriff’s department and a group of deputies their motion to dismiss a barrage of civil rights claims brought by a couple after their neighbor reported one of them for shooting his gun and saying he was going to kill everyone in the neighborhood. The couple had gone to sleep after the reported incident, but the deputies woke them up and shot into their home 15 times, hitting the alleged gunman twice. However, the department itself is not a suable entity. The deputies are also protected by public official immunity because, while they may have acted negligently in the course of their duties, none of them acted with corruption or malice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 1:23cv158, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, 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. Bryant denies the police officers' motion for summary judgment, ruling they are not entitled to qualified immunity on excessive force claims brought by the estate. There are too many questions of fact to allow the court to determine whether the officers' actions following an attempted block-in of the decedent's vehicle were reasonable. The speed of the decedent's vehicle, the path of the vehicle in relation to the officers who fired the fatal shots, and whether the decedent struck police vehicles or police vehicles struck the decedent's car are all questions of fact that must be answered by a jury.
Court: USDC Connecticut, Judge: Bryant, Filed On: December 4, 2023, Case #: 3:18cv1594, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Wrongful Death