8 results for 'cat:"Civil Rights" AND cat:"Immunity" AND cat:"Due Process"'.
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: civil Rights, immunity, due Process
J. McKeague finds the lower court erroneously denied the family services employees' motion for qualified immunity on Fourth and Fourteenth Amendment claims filed by the father. Although he may have revoked his consent to allow the agency to keep his children during an investigation into sexual assault claims, the employees could not have reasonably known they were violating his rights when they continued to keep the children. The father explicitly gave consent for the agency to keep his children during the investigation, and although he asked about getting them back during a phone call, this did not represent a clear revocation under this circuit's caselaw that would implicate his constitutional rights. Reversed.
Court: 6th Circuit, Judge: McKeague, Filed On: February 8, 2024, Case #: 23-1372, Categories: civil Rights, immunity, due Process
J. Desai finds that the district court properly entered a summary judgment order granting qualified immunity to a City of Clovis police officer, in an action alleging that the officer violated an individual's due process rights when the officer disclosed a confidential domestic violence report to the individual's abuser, another Clovis police officer. The officer was liable under the state-created danger doctrine. However, the officer was entitled to qualified immunity because it was not clearly established in 2013 that the officer's conduct violated the individual’s substantive due process rights. Affirmed.
Court: 9th Circuit, Judge: Desai, Filed On: January 26, 2024, Case #: 22-16335, Categories: civil Rights, immunity, due Process
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J. Nelson dismisses the homeowner's complaint that the city's officers declared that there were no signs of criminal activity regarding the homeowner's vacant house, only for an individual to then steal items from the house and engage in a fight with the homeowner. The city's officers have qualified immunity against the homeowner's substantive due process claim, because he does not establish that they violated one of the homeowner's constitutional rights by not staying on the premises after they cleared the site, or that it was somehow unlawful for them to miss a basement window that is well hidden by overgrown vegetation.
Court: USDC Oregon, Judge: Nelson, Filed On: October 20, 2023, Case #: 3:21cv771, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, due Process
J. Stranch finds the lower court erroneously denied the arresting officers' motion for summary judgment on the grounds of qualified immunity as it pertained to the detainee's arrest. Statements made by the prosecutor and several witnesses about her blatant attempts to intimidate a witness as she went into a courtroom gave them probable cause to arrest her without a warrant. Meanwhile, because the Michigan State Police defendants took no steps to ensure the detainee received a probable cause hearing during her 96-hour detention and failed to present any evidence of extraordinary circumstances that would have allowed for such a lengthy detention without a hearing, those defendants were properly denied immunity as it relates to the due process claims. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: July 28, 2023, Case #: 22-1973, Categories: civil Rights, immunity, due Process
J. Readler finds that although the prosecutor's actions led to the destruction of potentially exculpatory evidence in a murder case against a now-deceased individual, the lower court properly granted her motion for prosecutorial immunity because there was an ongoing prosecution at the time she directed a witness to destroy several letters, which is enough of a prosecutorial function to warrant immunity. Meanwhile, the lack of concrete evidence that officials coerced a witness to fabricate claims against the decedent allowed the court to grant immunity to those officials, as the evidence in the record does not support the estate's fabrication of evidence claim. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: July 5, 2023, Case #: 21-6076, Categories: civil Rights, immunity, due Process