7 results for 'cat:"Civil Rights" AND cat:"Assault" AND cat:"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. 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. 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
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Per curiam, the appellate division finds that the lower court improperly dismissed malicious prosecution claims brought against the city arising out of a woman's arrest for failing to producer ID during a traffic stop. The woman was charged with assault, harassment, obstructing government administration and resisting arrest. She was convicted on the latter two charges, but that does not create a presumption of existence of probable cause for the first two charges. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: 04180, Categories: civil Rights, assault, police Misconduct