148 results for 'cat:"Malicious Prosecution"'.
J. Weisman partially grants the sued doctors’ motion for summary judgment on numerous civil rights claims, brought against them by a man who wrongfully spent years in prison after the doctors gave testimony painting him as the murderer of his girlfriend’s son. The court tosses the man’s federal Fourth and 14th Amendment violation claims, but allows his state malicious prosecution, intentional infliction of emotional distress and civil conspiracy claims to stand on the caveat that they must be refiled in state court.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: August 9, 2023, Case #: 1:20cv2368, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Emotional Distress, Medical Malpractice
J. Kobayashi dismisses claims by a Hilo resident who alleges he was wrongfully arrested without a warrant, denied bail and had unfair proceedings initiated against him by the case’s judge, prosecutor, public defender and various court employees. Beyond being able to make any claims with plausible relief, the claims against the judge are barred by Eleventh Amendment immunity. He is also unable to show that the attorneys involved maliciously charged him with crimes or failed to properly defend against the charges.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 31, 2023, Case #: 1:23cv246, NOS: Other Civil Rights - Civil Rights, Categories: Judiciary, malicious Prosecution, Due Process
j. Kovner declines to overturn a jury’s verdict that found New York City liable for Fourth Amendment violations and malicious prosecution claims brought by the owner of a string of city-based pawn shops and awarded the owner $1 million in damages. The jury agreed with the owner’s allegations that New York City Police Department had an official policy or custom of seizing their branches’ respective customer buy books plus customers’ collateral without a warrant or consent following the company’s decision to stop participating in the city’s LeadsOnline program. The court finds the jury’s decision was justified based on the evidence presented at trial, including witness testimony regarding damages that claimed the company’s financial losses during the time were a direct result of the department’s actions.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: July 28, 2023, Case #: 1:13cv1686, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Damages, Police Misconduct
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J. Baker partially grants the city officials' and police officer's motion to dismiss a civil rights, malicious prosecution and false arrest action brought by the individual. The action arose from the individual's DUI and vehicular homicide arrest after he had a seizure while driving. The charges against the individual, which he alleges were based on a fabricated theory that he was driving under the influence of fentanyl, were eventually dismissed due to insufficient evidence. The individual's arrest occurred pursuant to a warrant, therefore false arrest is not a valid claim. However, the individual faced a continuous prosecution sufficient to support a malicious prosecution claim. The officer is not entitled to absolute or qualified immunity. The individual plausibly alleged that the officer violated established law by misrepresenting that the individual's medical records showed he had not been administered fentanyl, resulting in the individual's DUI indictment.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: July 21, 2023, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Boulee grants the police officer's motion to set aside the clerk's entry of default in a civil rights, malicious prosecution and battery action brought by a mother and daughter. The action arose after the officer allegedly assaulted the daughter when she refused to speak to him. Although the officer gave timely notice of the lawsuit to the city's department of law, a city official failed to submit a request to hire outside counsel for the officer until after the clerk entered default. The mother and daughter will not be prejudiced by the decision to set aside default.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 20, 2023, Case #: 1:22cv3185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Gustafson holds that the trial court properly granted insurers summary judgment, finding they had no duty under homeowners and other policies to defend an insured facing multiple claims stemming from earlier underlying litigation. The insured did not show the slander and malicious prosecution allegations fell within the policy coverage periods, the alleged economic loss did not qualify as property damage, and there is no specific reference to bodily injury in the underlying complaint that would be covered by the policies. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: July 18, 2023, Case #: DA 22-0482, Categories: Insurance, malicious Prosecution, Defamation
[Modified.] [Consolidated.] J. Bendix modifies a previously published opinion with no change in judgment and denies a petition for rehearing. The trial court misapplied the interim adverse judgment rule when it granted a landlord's anti-SLAPP motion, which the landlord filed after its tenant prevailed in an unlawful detainer action and filed a malicious prosecution complaint against the landlord. The trial court categorized the unlawful detainer court's sua sponte statements as interim adverse judgments, but only actual judgments and rulings on dispositive motions can serve as the bases for the application of the interim adverse judgment rule. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: July 18, 2023, Case #: B321087, Categories: Anti-slapp, Landlord Tenant, malicious Prosecution
J. Reidinger denies, in part, motions for summary judgment filed by a deputy, sheriff and the sheriff's insurer on a man's malicious prosecution and other claims related to a criminal case against him for his alleged failure to deliver headstones to several customers. Questions of fact remain pertaining to his negligence claim against the sheriff.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 14, 2023, Case #: 1:22cv28, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Negligence
J. Marbley denies, in part, the arrested individual's motion in limine, ruling that while the Sixth Circuit determined in a previous appeal involving this case the arresting officers could be held liable for the malicious prosecution claim, that ruling was not a definitive statement that should preclude the defendants from offering evidence at trial that the prosecutor, not the officers, were behind the arrest. Meanwhile, because the videos of another individual claiming to be the driver of the arrested individual's car on the night of the chase have not been verified, the officers' motion to exclude them from trial will be held in abeyance.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 12, 2023, Case #: 2:20cv1549, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, malicious Prosecution
Per curiam, the circuit finds that the district court should have granted members of the police department qualified immunity in malicious prosecution claims concerning an investigation of allegations that a father sexually abused two of his children. The charges against the father were later dismissed, but officers had probable cause to submit search and arrest warrants based on the mother's sworn statement concerning the children's allegations, even if she attempted to revoke the statement when the children recanted. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-2847, Categories: malicious Prosecution, Immunity
J. Hudson grants the city's motion for sanctions. The husband hoping to sue the city and his ex-wife following a custody battle, emailed countless harassing, degrading and threatening emails to the ex-wife's counsel.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: June 28, 2023, Case #: 3:22cv745, NOS: Land Condemnation - Real Property, Categories: malicious Prosecution, Sanctions, Due Process
J. Bendix finds that the trial court misapplied the interim adverse judgment rule when it granted a landlord's anti-SLAPP motion, which the landlord filed after its tenant prevailed in an unlawful detainer action and filed a malicious prosecution complaint against the landlord. The trial court categorized the unlawful detainer court's sua sponte statements as interim adverse judgments, but only actual judgments and rulings on dispositive motions can serve as the bases for the application of the interim adverse judgment rule. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: June 28, 2023, Case #: B321087, Categories: Anti-slapp, Landlord Tenant, malicious Prosecution
J. Kruger finds that the lower courts improperly held that police officers who left a homicide victim's naked body exposed to the public were immune to an emotional distress complaint filed by the victim's widow. The provision of the Government Claims Act that give absolute immunity to public workers facing malicious prosecution claims does not extend to claims for other types of injuries caused during law enforcement investigations. While there is often overlap between investigations and the initiation of prosecutions, they are not the same. However, other provisions of the Act may shield police from such a claim. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: June 22, 2023, Case #: S269672 , Categories: malicious Prosecution, Immunity, Emotional Distress
J. Jolivette Brown denies a request by the Orleans Parish District Attorney to appeal to the Fifth Circuit her ruling to allow a wrongly convicted defendant to sue the district attorney’s office after prosecutors under his predecessor hid exculpatory evidence at trial. The DA unsuccessfully argued that the alleged evidence policies in the litigant’s complaint are attributable to Orleans Parish — not to the DA’s office as an independent local government entity. However, the ruling that the DA seeks to appeal relied on Fifth Circuit precedent to find that Louisiana district attorneys act as autonomous local policymakers with respect to the policies and practices that govern their evidence disclosure duties.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 20, 2023, Case #: 2:22cv1520, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, malicious Prosecution
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Police Misconduct
J. Forst finds that the trial court properly ruled for the car rental company in claims contending the company caused a renter's false arrest by filing a false police report because the company had sufficient suspicion to report the car stolen after the renter refused to return the car and his credit card had declined payments. Affirmed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 14, 2023, Case #: 4D22-557, Categories: malicious Prosecution
J. Rushing finds the lower court properly convicted the immigrant of illegally reentering the United States after an aggravated felony conviction. The immigrant failed to show vindictive prosecution by the government. The government sought harsher charges than the original charge of being an illegal immigrant with a firearm after stopping him at a traffic stop when they found out he had been removed from the country before and illegally reentered while trying to strengthen their case. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: June 13, 2023, Case #: 20-4297, Categories: Immigration, malicious Prosecution, Firearms
J. Block grants partial summary judgment to a group of six New York police officers on a woman’s civil rights violations stemming from her arrest on charges of assaulting her ex-husband with an umbrella. The court dismisses her claims for malicious prosecution, failure to intervene and Monell liability, but preserves one claim for false arrest, finding she was able to allege the reporting officers failed to seek information from unbiased witnesses while investigating the incident following a 911 call.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 13, 2023, Case #: 1:20cv3603, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct
J. Land grants the motion to dismiss the individual's civil rights, excessive force and malicious prosecution action with respect to three police officers. The individual knew or should have known of the injuries giving rise to his excessive force, assault, battery and unreasonable search claims on the date of his arrest but failed to file his action until four years later. The claims are therefore time-barred. However, the motion is denied as to the individual's malicious prosecution claim against one police officer and two probation officers. The individual adequately alleged that the probation officer should have known the probation warrant was not supported by probable cause and that the police officer should have known the arrest warrant for loitering and prowling lacked probable cause.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 3:22cv77, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Hall denies the officials' motions to dismiss a civil rights and malicious prosecution action brought by the pastor and three congregants. The action arose after police officers issued reckless conduct citations to the four for attending church services in violation of Covid-19 executive orders requiring Georgia residents to shelter in place in their homes in April 2020. The charges were later dismissed. The action is an impermissible shotgun pleading and the pastor and congregants are ordered to file a second amended complaint within 14 days from the date of the instant order.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 6, 2023, Case #: 6:22cv57, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Covid-19
J. Stearns denies, in part, four officers' motion to dismiss an individual's claims arising from her arrest and conviction for arson and the resulting death of her parents in a house fire. She sufficiently alleges bad faith to support her claim regarding the destruction of exculpatory evidence, and she sufficiently pleads her civil conspiracy claim.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 24, 2023, Case #: 1:23cv10340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, malicious Prosecution
J. Shah partially grants a group of Chicago police officers’ motions for summary judgment on malicious prosecution, conspiracy and intentional tort claims, brought by a man wrongfully imprisoned by almost three decades. The police in question framed the man for a 1991 murder by planting false evidence and coercing his confession, and he was only released on an overturned conviction in 2018. The court grants judgment to several individual officers who have not been sufficiently tied to the framing, but the counts stand against the rest.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:19cv2204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Police Misconduct