30 results for 'cat:"Negligence" AND cat:"Police Misconduct"'.
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: negligence, police Misconduct
J. Reiss denies, in part, a police officer’s motion for summary judgment in this case where he was accused of excessive force and failure to intervene when a physical altercation between a resident and a sergeant happened while the resident was detained inside the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the officer’s failure to intervene involvement in the sergeant’s takedown, a reasonable jury could find that the alleged use of force was extreme, outrageous and intolerable. The claims regarding the officer’s failure to intervene as to the sergeant shoving and punching the woman are granted.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: negligence, police Misconduct
[Consolidated.] J. Murphy finds that the lower court properly in part denied officers’ motion for summary judgment in these claims of excessive force and failure to intervene. The officers have opposite arguments but cannot justify the force of kneeing and dragging the suing citizen. The plaintiff alleges one officer punched, kneed him in the back while dragging him across the floor and the other officer failed to intervene. This case is partially dismissed for lack of jurisdiction, and the both officers are owed summary judgment on the failure-to intervene claims. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: April 15, 2024, Case #: 22-1990, Categories: Malicious Prosecution, negligence, police Misconduct
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J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: Civil Rights, negligence, police Misconduct
J. Kobayashi partially dismisses a Big Island resident’s claims against the government surrounding safe driving conditions on the island, along with several claims related to his arrest. The government and its agents have immunity in their official capacities but, even in their individual capacities, the resident does not show how they are responsible for what he says is a lack of streetlights and unfair vehicle safety inspections. Claims stemming from his arrest are also denied as he should challenge those in the pending criminal case.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 2, 2024, Case #: 1:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: Government, negligence, police Misconduct
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. Niemeyer finds the lower court properly denied the passenger's attempt to submit a fourth complaint. An airplane captain ordered the passenger to deboard the plane after finding out she had a dog allergy and two dogs would be on the aircraft, causing a situation the flight attendants felt uncomfortable with. The passenger's explanation that she needed to be in Los Angeles the next morning, that her allergy would not be an issue because of where she was seated, and that her allergy was “not life-threatening” was insufficient. The captain refused to reconsider his decision. The passenger refused to leave, and the captain ordered state officials to remove her from the plane physically. At the time of his decision, the captain believed the allergies to be life-threatening, a valid reason to remove her. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: March 20, 2024, Case #: 21-1221, Categories: Malicious Prosecution, negligence, police Misconduct
J. Cullen denies the correctional officers' motion for summary judgment and grants the crash victim's leave to amend his complaint to conform it to his deposition testimony. After a car crash, the man driving the vehicle threatened to kill the responding police officer and tried to take his service weapon, resulting in the officer shooting him. The crash victim claims that two correctional officers assaulted him while he was receiving treatment at a hospital. The man has changed what date the assault took place twice, claiming the pain medication made it hard to remember, but regardless, the correctional officers were charged with guarding him on both dates, meaning his allegations are conceivable.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: March 13, 2024, Case #: 3:2cv17, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Assault, police Misconduct
J. Callins finds the lower court improperly found in favor of a sheriff and his deputy in this matter of gross-negligence. While detained in the back seat of a police vehicle, the individual maneuvered to bring his cuffed hands from behind his back to the front of his body, grabbed a loaded gun from the front seat of the vehicle, and shot himself in the head. The individual survived, and filed this action against the sheriff and his deputy claiming they were negligent in supervising him while under arrest. The lower court found that by shooting himself, the individual was a felon illegally in possession of a firearm, and that the deputy had exercised care while detaining him, but the instant court disagrees. Evidence was presented that the deputy saw the individual attempting to manipulate the position of his cuffed hands but did not secure them, and the individual raised the question that he was of unsound mind at the time of the incident, raising an issue of material fact. The matter is remanded for further consideration. Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: March 5, 2024, Case #: 1499-22-2, Categories: negligence, police Misconduct
J. Suddaby enters judgment in favor of a Syracuse police officer on a citizen’s claims for excessive force and failure to intervene, dismissing the entire complaint. He alleges the officer used unreasonable force to restrain him on suspicions that he inserted contraband into his rectum while being detained in a holding cell. He also alleges he was restrained both physically and medically at a local hospital and was forced to undergo a sigmoidoscopy in an effort to retrieve the contraband. Video surveillance shows the officer had not used unreasonable force during these events. The officer also successfully alleges that he was not involved in the hospital’s decision to sedate him or the order to perform the medical procedure.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 5, 2024, Case #: 5:20cv1215, NOS: Other Civil Rights - Civil Rights, Categories: Tort, negligence, police Misconduct
[Consolidated.] J. Bumb finds for one plaintiff in claims contending a police officer used unapproved jiu jitsu takedown moves on two women during separate arrests. One plaintiff weighed less than 100 pounds and thus posed no credible threat, and certain testimony bolsters the argument that plaintiff's resistance to arrest had been no more than passive. Meanwhile, supervisors had been on notice that an excessive force violation could occur in light of the officer's frequent use of force during arrests. However, counsel for one plaintiff conflated "use of force" during arrests with "excessive force," and issues of fact remain in dispute concerning allegations against the city.
Court: USDC New Jersey, Judge: Bumb, Filed On: January 30, 2024, Case #: 1:19cv12002, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. England grants an estate of a deceased police officer’s motion to dismiss for improper service of a summons in this wrongful arrest, excessive force and negligence suit brought by a citizen after a traffic stop. The citizen knew the officer was deceased but failed to substitute and serve the estate as a party with a summons. Summary judgment is granted, in part for summary judgment in favor of the city, the estate and a police officer. The city has not moved for summary judgment for its liability for the estate officer’s conduct as to portions of negligence, assault and battery. The citizen has not shown state immunity does not apply. The parties need to confer and to a joint status report concerning the next steps of this case by Feb. 9, 2024.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 26, 2024, Case #: 2:21cv439, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Assault, police Misconduct
J. Dein denies, in part, a city and officer's motion to dismiss civil rights claims filed by two people who were injured when the car the officer was pursuing struck their vehicle. They have sufficiently alleged a violation of their due process rights under the Fourteenth Amendment.
Court: USDC Massachusetts, Judge: Dein, Filed On: January 5, 2024, Case #: 1:23cv11117, NOS: Other Civil Rights - Civil Rights, Categories: Vehicle, negligence, police Misconduct
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, 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. Kobayashi partially dismisses a complaint by the service on behalf of a woman who was killed near a police station after being released from custody by a man also recently released from police custody. As the woman was released over a day before the man, the city and the police did not have a special duty to her, since she was no longer in custody, and did not have a duty to take the unhoused woman to a safer location. Police officers, who are also not liable in their official capacities, did not act with malice as the service could not show officers knew the woman was still in the area and that she was in distress.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: November 8, 2023, Case #: 1:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Wrongful Death, police Misconduct
J. Gobeil finds that the trial court properly ruled in favor of the city, police chief and police officer in a wrongful death and negligence action brought by a mother and an individual arising from the decedent's death during a high-speed police chase. The mother's and individual's claims against the officer in his individual capacity are barred by qualified immunity because the officer's decision to eliminate the threat of danger by intentionally hitting the decedent with his vehicle was objectively reasonable. The officer saw the decedent exit his vehicle while holding an object that appeared to be a gun and a gun with the decedent's fingerprints was found at the scene. The officer's use of the vehicle to hit the decedent did not amount to a negligent use of a covered vehicle under the statute such that it would give rise to a waiver of sovereign immunity. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 19, 2023, Case #: A23A0676, Categories: negligence, Wrongful Death, police Misconduct
J. Chuang partially declines to dismiss a complaint stemming from a U.S. Marshall Service canine biting the girlfriend of man being arrested. The canine the officers brought with them to help with the arrest of the boyfriend was trained to bite the first person it saw upon entry into a room, which was the girlfriend. A genuine dispute of material fact exists as to whether the officers were aware that the girlfriend would be present during the execution of the warrant.
Court: USDC Maryland, Judge: Chuang, Filed On: September 25, 2023, Case #: 8:20cv845, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. King finds the lower court improperly awarded summary judgment and, therefore, immunity to the police officer who fatally shot the man suffering from a mental breakdown. There is still a genuine dispute of facts over whether the officer acted reasonably in shooting the Spanish-speaking man who could not understand his English commands and ultimately stood still with both his arms frozen in place and both his hands in the air in a universally recognized position of surrender. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 16, 2023, Case #: 21-2223, Categories: negligence, Assault, police Misconduct
J. Gonzales dismisses the due process and negligence claims brought by a family against Las Vegas and its police personnel following violent murders that were streamed live to Facebook while police maintained a perimeter around the house where the shootings occurred. The court laments the failure of police to prevent the violence but does not find that officers’ actions or inactions were so obviously improper that they violated the plaintiffs’ due process rights or amounted to negligence.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Wrongful Death, police Misconduct
J. Gonzales dismisses some negligence claims against law enforcement agencies and officers in a complex civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” A precedent cited by the person who brought this suit involved a sheriff department’s “complete failure to respond to a call reporting a crime in progress,” whereas this case instead involved a “dynamic” situation, and the person suing has not shown that law enforcement’s actions were so negligent as to overcome immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. Marshall grants a police officer’s motion for summary judgment against claims of having used excessive force when tasing a man, paralyzing him, when responding to a domestic violence call.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: July 17, 2023, Case #: 3:21cv75, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. Ashe denies summary judgment to the City of New Orleans on claims of negligent retention, training and supervision of two off-duty cops fired for the severe beating of a bar patron in July 2018. The alleged police brutality victim has produced evidence that the City could have fired one of the two officers immediately after a separate incident four months earlier because he was still on probationary status as a recruit, but the City failed to do so and could not offer a clear rationale for its inaction.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: July 5, 2023, Case #: 2:19cv11803, NOS: Other Civil Rights - Civil Rights, Categories: Government, negligence, police Misconduct
J. Flanagan denies, in part, the police officers' motion to dismiss a father's claims arising from the officers' alleged slamming of his handcuffed son to the ground, which fractured the son's elbow. The officers are not entitled to public immunity from the father's gross negligence claim, as he has sufficiently alleged they acted with malice and the incident report recounts a similar recitation of the events as the allegations in the complaint.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 30, 2023, Case #: 4:22CV61, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, police Misconduct
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: negligence, Assault, police Misconduct