356 results for 'cat:"Civil Rights" AND cat:"Police Misconduct"'.
J. Joseph grants a request by the city of Shreveport, dismissing all federal civil rights claims by the adult children of a 72-year-old detainee who died 17 days after being beaten in the local jail by an arrestee with a history of violence. While prison officials have a constitutional duty to protect inmates from violence at the hands of other prisoners, the decedent’s children fail to allege sufficient facts that local police and jailers acted in accord with a city policy, practice, or custom that resulted in their father’s death.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: December 5, 2023, Case #: 5:23cv689, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Cogburn partially denies the City of Charlotte and several of its police officers their motion to dismiss multiple claims brought by a cell phone and jewelry merchant after officers allegedly assaulted and falsely arrested him. The merchant attempted to get an unknown person to stop blocking the entrance to the parking lot with their vehicle where the merchant’s store is located and got into an argument. Someone called the police, who pushed him against a display case inside of his store then threw him to the ground and pushed his face into the ground repeatedly before arresting him. Although the officers are protected from negligence claims by official public immunity at this stage, all of the merchant’s other claims, including false arrest, excessive force and false imprisonment, can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:23cv403, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, police Misconduct
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
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J. Hornsby denies requests by a casino hotel to dismiss claims of civil rights violations in the swimming pool area by a black retired naval officer and military policeman who was a guest at the inn. The complaint includes plausible allegations the casino had a policy of excluding black guests from the pool area by insisting he show photo ID, a requirement not made of white guests in the pool area. Further, the casino may be vicariously liable for the suit’s battery allegations that its security officer placed his fist and knee on the retiree’s back after he was handcuffed, stating: “You’re a cop. You’re acting like a crook.”
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: December 1, 2023, Case #: 5:23cv818, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Assault, police Misconduct
J. Block dismisses all state and federal claims brought against the New York City Child’s Services Administration, agency officials and city police officers involved in a mother’s wrongful arrest and prosecution on false charges of child abuse or mistreatment following an altercation with a roommate whose minor son exposed his penis to her daughter. Claims against the roommate, however, are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Block, Filed On: November 29, 2023, Case #: 1:23cv1069, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Family Law, police Misconduct
J. Peterson finds for the county, city and police officers in a lawsuit from the estate of a man one of the officers shot and killed after he and another officer tased him during a violent struggle upon finding the man naked and acting bizarrely subsequent to crashing his car into a snowbank. The officers actions can be reasonably justified given the circumstances, so the officers and municipalities are granted summary judgment on the estate's Fourth Amendment claims pertaining to the man's detention and the officers tasing and shooting him. The estate's claims referencing municipal liability and federal disability statutes also fail, as it has not shown the man's death was caused by any inadequate municipal policies for dealing with those in a mental health crisis or a failure to accommodate the man's disabilities, so the municipalities are granted summary judgment on those claims as well.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: November 28, 2023, Case #: 3:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Constitution, police Misconduct
J. Drell denies summary judgment to two officers on their argument that excessive force claims by a wanted suspect, subdued after a foot chase and taser deployment, should be dismissed since his own deposition testimony establishes he did not suffer physical injury. The authorities fail to address, much less dispute, the allegations of psychological injury from his arrest including paranoia when he sees police, trouble sleeping and an ability to enjoy time with his children.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: November 27, 2023, Case #: 1:20cv36, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, police Misconduct
J. Drozd grants, in part, a detective’s motion to stay discovery in a police shooting-related civil rights case during the pendency of a related criminal proceeding. A 3-month stay is warranted based, in part, on the detective's Fifth Amendment concerns.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: November 22, 2023, Case #: 2:20cv1563, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, police Misconduct
J. Land partially denies in part the GBI agent's and the forensic analyst's motion to dismiss a civil rights action brought by an individual after he was exonerated of crimes including rape and assault for which he was imprisoned for nearly four decades. The individual alleges that his convictions arose from police misconduct including destruction of evidence and fabrication of inculpatory evidence. The GBI agents' and investigators' motion to dismiss the individual's claims for fabrication and concealment of evidence, conspiracy, malicious prosecution and right of access to courts is denied. The city's motion to dismiss is denied. The individual's proposed state law claims against the deceased officials' personal representatives are barred.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 22, 2023, Case #: 4:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: civil Rights, Immunity, police Misconduct
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
J. Reidinger grants summary judgment to a law enforcement officer who allegedly pulled over a motorist and twisted his arms behind his back causing injury. The motorist, who alleges the officer violated several state and constitutional laws, was driving to meet someone and turned around after seeing a line of cars stopped in front of him. The line was a seatbelt checkpoint, so an officer tailed the motorist, assuming he was evading the checkpoint. The motorist allegedly did not stop for over three miles, then pulled over and got out of the car. The officer then allegedly twisted the motorist's arms to the point of injury that required medical attention. The motorist's claims of civil rights violations, unreasonable arrest and excessive force all fail because, based on his actions, the officer had probable cause.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Tort, police Misconduct
J. Hillman denies, in part, a police organization and its officers' motions to dismiss civil rights claims filed by a man whom they arrested after mistaking him for a driver who caused a multi-car collision. He plausibly alleges his claims for unlawful arrest, battery and excessive force.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 16, 2023, Case #: 4:23cv11096, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Assault, police Misconduct
J. Bowen rules in favor of the deputy, officer and police chiefs in a civil rights and excessive force action brought by the veteran arising after he was tased and arrested during an altercation he had with police in the midst of a PTSD-related episode. The police officials are entitled to qualified immunity. The deputy's use of a taser on the veteran was reasonable to prevent him from harming the police chief and to bring the situation under control. Another officer acted reasonably when he threw the veteran to the ground at a hospital to arrest him.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: November 15, 2023, Case #: 3:22cv21, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Flanagan grants a police officer and a county sheriff’s office’s motion for judgment on the pleadings following allegations of First and 14th Amendments violations brought by a man whom the officer arrested. The man claims the officer did not have good cause to arrest nor imprison him as he was not carrying a firearm. However, he failed to include allegations in support of his claim that the sheriff’s office — which itself is an entity not capable of being sued — fundamentally had something to do with the officer’s alleged maltreatment of him. His claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 15, 2023, Case #: 7:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, First Amendment, police Misconduct
J. D’Agostino grants summary judgment in favor of two village police officers on a GrubHub delivery driver’s civil rights claims stemming from a traffic stop. The driver was ultimately convicted on the traffic violations, so probable cause was established for the traffic stop. The officers were also justified in using force to remove him from his car and arrest him after he failed to comply with the officers’ demands to show his hands and exit his vehicle and instead reached into the passenger side. The court also rejected the driver’s First Amendment right to freedom of religion claim, as he fails to argue the traffic stop and subsequent arrest violated his religious rights by preventing him from delivering a customer’s food order.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 14, 2023, Case #: 5:22cv1088, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, First Amendment, police Misconduct
J. de Alba denies, in part, a county and officers’ motion for summary judgment on excessive force claims. There are disputes of fact regarding the nature and severity of the officers' use of force, and whether their tactics were reasonable.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: November 14, 2023, Case #: 1:18cv977, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Dancks preserves upon initial review a self-represented citizen’s Fourth Amendment claim alleging two police officers in Rome, New York, conducted an illegal cavity search on him after finding a gun in the trunk of his car. The officers’ motivation for conducting the cavity search was the citizen’s prior drug history, which was not enough to establish probable cause.
Court: USDC Northern District of New York, Judge: Dancks, Filed On: November 14, 2023, Case #: 6:23cv1171, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Doughty grants summary judgment to a city police chief and dismisses due process claims by a detective fired for repeatedly lying during an internal probe into whether he intentionally delayed reporting a police brutality criminal investigation to influence the outcome of the city mayoral election. The fired detective cannot establish any acts by the police chief that can be classified as arbitrary and capricious, and, therefore, his due process claim is dismissed.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:22cv828, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, police Misconduct
J Watson dismisses liability claims against Honolulu and several of its police officers for their involvement in removing an evicted tenant from a rental unit. The evicted tenant did not argue against the officer’s qualified immunity as they did not violate any of the tenant’s constitutional rights. The city also similarly dodges claims of negligent hiring and training, without any opposition by the tenant. Fair Housing Act claims against the landlords and the officers remain.
Court: USDC Hawaii, Judge: Watson, Filed On: November 13, 2023, Case #: 1:22cv491, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Housing, police Misconduct
J. Major denies the married couple's motion to compel documents concerning claims that they were falsely accused of committing burglary, which landed them both in jail overnight. The husband and wife fail to explain how internal affairs reports and photographs related to car accidents involving the defendant deputies are relevant and proportional to the needs of the case. Also, the couple seeks a video from the husband's booking at the jail, but the county performed a search and determined that no such video exists.
Court: USDC Southern District of California, Judge: Major, Filed On: November 9, 2023, Case #: 3:22cv512, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, police Misconduct
J. Benitez issues a mixed ruling on both parties' motions in limine to exclude certain evidence at trial concerning the death of a detainee who was confined in County jail. The county is not entitled to the exclusion of evidence referencing the post-incident investigations by both Internal Affairs of the prison and the Registered Nursing Board, but the county can exclude evidence of post-incident changes to the jail's policies. Decedent's family members are entitled to withhold certain evidence about decedent's criminal history.
Court: USDC Southern District of California, Judge: Benitez, Filed On: November 9, 2023, Case #: 3:16cv1004, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Discovery, police Misconduct
J. Chen allows a handful of civil rights claims to proceed against Sausalito officials from a man, proceeding pro se, who says he was wrongfully arrested and cited for obstructing police during a protest over the closure of a homeless camp. A few narrow excessive force and First Amendment claims survive, though they are largely based on a later incident where the individual claims to have been attacked by a detective while his truck was being towed.
Court: USDC Northern District of California, Judge: Chen, Filed On: November 8, 2023, Case #: 3:23cv1360, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, police Misconduct
J. Chun dismisses the arrestee's lawsuit alleging that a detective recommended the arrestee on an affidavit for witness intimidation after the mother of a murder victim accused him of telling her, “We’ll just do to you what we did to Wesley [her son]," for wearing a T-shirt with her deceased son's face on it. The arrestee does not present evidence that the detective's decision to not interview him before submitting the probable cause affidavit qualifies as discriminatory conduct, nor does the arrestee prove that the detective violated due process through false allegations, as none of the supposed allegations are conclusively false.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:21cv1203, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Due Process, police Misconduct