356 results for 'cat:"Civil Rights" AND cat:"Police Misconduct"'.
Per curiam, the circuit finds the district court improperly denied qualified immunity to the officer on the evidence fabrication claims. The off-duty officer was working private security at a bar when an altercation took place that led to the officer's punching a drunken assailant in the face during an alleged assault. The district court properly granted the officer qualified immunity on excessive force and unlawful arrest claims, but the assailant has not shown the officer had the time or deliberation to fabricate evidence of assault during the sudden and chaotic incident. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 19, 2024, Case #: 22-10783, Categories: civil Rights, Evidence, police Misconduct
J. Hodges finds that the trial court properly found in favor of the police officer in a civil rights and excessive force action brought by the individual arising from her arrest. The trial court correctly dismissed the purported renewal action. The individual's initial claims were dismissed without prejudice for failure to properly serve the officer, therefore the action was void and not subject to renewal. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: January 17, 2024, Case #: A23A1550, Categories: civil Rights, police Misconduct
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Malicious Prosecution, police Misconduct
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J. Smith finds the district court properly granted the police officers' motion to dismiss a mother's excessive force claims arising from the death of her son, who was killed after leading officers on a high-speed chase, then exiting his vehicle with a gun in his hands. Though the officers fired 19 times, hitting the deceased party 16 times, the use of force was justified. Body cam shows the deceased party exiting his vehicle with a gun and pointing it at one of the officers. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: January 16, 2024, Case #: 22-11210, Categories: civil Rights, Constitution, police Misconduct
J. Lagoa finds that the district court improperly granted the deputy's motion for judgment as a matter of law on the individual's false arrest claim and incorrectly set aside the jury's $625,000 verdict in favor of the individual. The civil rights action arose from injuries the individual suffered when the deputy tackled him through the door of his parents' home and arrested him without a warrant. The jury found that exigent circumstances did not justify the deputy's warrantless entry into the home. The deputy was not entitled to qualified immunity. The jury's verdict in favor of the individual is reinstated. Reversed.
Court: 11th Circuit, Judge: Lagoa, Filed On: January 8, 2024, Case #: 21-14454, Categories: civil Rights, police Misconduct
J. Keenan finds the lower court improperly denied the post-trial motion for relief from judgment. The police officer accused of excessive force failed to disclose that he had a similar excessive-force lawsuit that had been filed against him. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: January 3, 2024, Case #: 21-2060, Categories: civil Rights, Jury, police Misconduct
J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Malicious Prosecution, police Misconduct
J. Valderrama grants a suburban Illinois police officer's motion for summary judgment in this civil rights case, and denies a hospital system's motion for summary judgment for its own involvement in the case. In the case, police in suburban Chicagoland pulled over a man for alleged traffic violations but then subjected him to dog-sniffing when they suspected he had cannabis on his person. The police also took the man to Christ Hospital in the suburb of Oak Lawn, where doctors carried out an examination to see if he was hiding drugs in his rectum. Ultimately only miniscule amounts of cannabis were found in the man's car, and none were found in his rectum. The man then sued all parties for battery and carrying out unreasonable searches. The court finds the man has not presented sufficient evidence regarding the alleged unreasonableness of the officers' initial stop and search, but that there is still a factual dispute as to whether he fully consented to the rectal examination.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 22, 2023, Case #: 1:19cv7904, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Medical Malpractice, police Misconduct
J. Berger grants in part the Summers County Sheriff's deputy's motion for summary judgment in the civil rights suit accusing him and two West Virginia State troopers of unlawfully entering an elderly Pence Spring woman's home in the course of executing an arrest warrant on her son, then using excessive force to restrain and arrest her. The deputy is entitled to qualified immunity on the count of unlawful entry since he did not accompany the troopers to serve the warrant, and, upon arriving after they began to subdue the woman, entered the home when one of the troopers claimed she assaulted him.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: December 21, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Government, police Misconduct
J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Immunity, police Misconduct
J. Azrack finds in favor of Nassau County prison officials and dismisses a civil rights complaint concerning the death of an inmate at the Nassau County Correctional Center. The inmate was viciously attacked in his cell by a fellow Bloods gang member and later died from his wounds. His sister, who filed the case on his behalf as estate administrator, fails to present any evidence of a previous altercation that would have shown that her brother faced an impending attack from the assailant.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: December 21, 2023, Case #: 2:14cv125, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Flanagan denies a municipality’s motion for attorney fees and costs following allegations that one of its police officers raped a woman “in exchange for” not arresting her. Among multiple claims the woman brought against both parties was punitive damages. The municipality argued that it is immune from the punitive damages claim and that this claim was frivolous and, therefore, the woman owes it attorney fees and costs. However, as the woman withdrew the claim, the municipality’s argument is moot and discovery will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 13, 2023, Case #: 7:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Assault, police Misconduct
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, police Misconduct
J. Sannes culls a self-represented citizen’s civil rights complaint on several motions to dismiss and preserves claims for unlawful search and seizure against Schenectady County and a group of Niskayuna police officers stemming from his arrest at a traffic stop on charges of drug possession, finding he plausibly alleges at an early stage of litigation that the officers did not have probable cause to perform a strip search on him and that they lied by claiming they had a search warrant in order to coerce him into consenting to a search of his house.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 11, 2023, Case #: 1:22cv70, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Davis allows a citizen to replace a medical expert to provide testify regarding his excessive force claims brought against Potsdam city police officers sustained during his arrest at traffic stop. His previous expert failed to respond to his counsel’s requests. The court will allow defense counsel to conduct additional deposition, to minimize any prejudice. However, the expert is precluded from providing testimony concerning allegations that the citizen suffered amnesia as a result of his injuries.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: December 7, 2023, Case #: 8:23cv849, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Experts, police Misconduct
J. McShane dismisses the family's federal claims accusing the city's officers of allowing decedent to asphyxiate in their custody, whereupon he permanently lost consciousness and died several months later. There is no evidence that one specific officer saw the seatbelt wrap around decedent's throat and did not intervene, and there is no evidence of inexcusable negligence among the other officers.
Court: USDC Oregon, Judge: McShane, Filed On: December 7, 2023, Case #: 6:21cv142, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Wrongful Death, police Misconduct
Per curiam, the circuit finds the trial court properly denied qualified immunity to the deputy in a civil rights case. The decedent died of a heart attack while detained in the back of a patrol car. The decedent was not suspected of any crime, posed no threat to anyone's safety and made no attempt to resist arrest. A deputy seized him under the mistaken assumption he was videotaping the officers. There was no evidence the deputy's actions were compelled by necessity and exigency. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 6, 2023, Case #: 23-30253, Categories: civil Rights, Wrongful Death, police Misconduct