6 results for 'cat:"Civil Rights" AND cat:"Tort" AND cat:"Police Misconduct"'.
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, police Misconduct
J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, police Misconduct
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: civil Rights, tort, police Misconduct
J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, tort, 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
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