26 results for 'cat:"Assault" AND cat:"Police Misconduct"'.
J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, assault, 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. Duncan finds the district court properly granted the officers' motion to dismiss. The security guard, following a heated exchange with a Houston police officer, was arrested for assault. Though a grand jury indicted the guard, the charges were later dropped, and the guard filed suit against the officers alleging false arrest, malicious prosecution and assault. The officers are entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: March 7, 2024, Case #: 23-20075, Categories: Immunity, assault, police Misconduct
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J. Grosjean denies, in part, a sheriff department’s motion for summary judgment on an individual’s claims arising from his arrest. There are questions of fact regarding his claims for assault, battery, false imprisonment and intentional infliction of emotional distress.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: February 28, 2024, Case #: 1:17cv1446, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, assault, police Misconduct
J. Stiles finds that the trial court improperly dismissed the business patron's suit alleging battery and false imprisonment with a dangerous weapon by a police officer who had responded to a complaint of overcrowding at a party. The patron's claims were subject to the two-year prescriptive period instead of the one-year prescriptive period since they involved "crimes of violence" by the officer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: February 7, 2024, Case #: CA-23-521, Categories: Civil Procedure, assault, police Misconduct
J. Bell denies a group of police officers’ motion to dismiss claims of excessive force and constitutional violations brought by a bar customer who allegedly failed to pay a tab under $300. The officers arrested the customer, then allegedly dragged him out of a holding cell to a room without cameras and assaulted him, strapping him to a chair for two hours without seeking medical attention for his bleeding head wound. While the officers claim qualified immunity, the customer has sufficiently evidenced that they violated his constitutional rights, which were clearly established at the time of the assault.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 7, 2024, Case #: 5:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, assault, 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. 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. Reidinger grants Walmart’s motion for summary judgment after assault, battery and false arrest claims among others were brought by a customer whom a police officer detained for suspected shoplifting. The officer allegedly grabbed the customer’s arm after he attempted to leave the store, then slammed him against a shopping cart and “smashed” his head on the floor, all while the customer was not resisting. After holding the customer in the store and investigating a suitcase the customer had, the officer and store staff found that the clothes inside were from another store, and he was allowed to leave. Because the officer was not an employee of Walmart, it cannot be sued in this case. The officer’s motion to dismiss the same allegations is partially denied with respect to excessive force, assault and battery.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: December 6, 2023, Case #: 1:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: 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. D’Agostino preserves a citizen’s excessive force, ADA failure to accommodate and assault claims against a city of Oneida police officer and the local municipality stemming from his arrest while suffering a mental breakdown. The court finds the citizen, who suffers from bipolar disorder, plausibly alleges that the officer was not justified in kicking him while he was handcuffed, and that the officer had constructive notice of his disability and had failed to use proper de-escalation techniques or perform a mental health arrest as an accommodation for his disability.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: November 30, 2023, Case #: 5:20cv662, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, 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
J. Hillman finds in favor of two police officers accused of using excessive force against the arrestee, who has since been convicted of 17 charges, including aggravated rape, kidnapping, armed robbery and carjacking. The individual resisted arrest, had a history of violent crime, and had threatened the officers with a bladed weapon.
Court: USDC Massachusetts, Judge: Hillman, Filed On: September 25, 2023, Case #: 4:19cv40129, NOS: Mandamus & Other - Habeas Corpus, Categories: assault, 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. Osteen partially denies a municipality’s motion for summary judgment on an excessive force claim and assault and battery claim against a particular police officer, one of several who pulled a Black female driver over and arrested her. Although the driver alleges officers racially profiled her, she fails to state a claim. However, based on her testimony and footage from the officers’ body cameras, her claims against one officer stand because he pulled his firearm on her when she showed no threat to the officers and held her hands up. He then pulled her out of the car by her arm and hair and dragged her to the ground, eventually handcuffing her even though she had been given about 10 seconds to comply with the officer’s orders.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:21cv322, NOS: Other Civil Rights - Civil Rights, Categories: Tort, assault, police Misconduct
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
J. Morrison preserves a jury’s verdict that found in favor of a housekeeper and her claims for assault, battery and deliberate indifference against New York City and four officers stemming from injuries she suffered while in police custody. The jury subsequently awarded her $400,000 in total damages, which included an award of $100,000 in punitive damages against each officer for her deliberate indifference claim. The court finds that, even though the parties’ account of the assault greatly differed, there was ample evidence for the jury to conclude the officers attacked her while she was handcuffed in a juvenile room awaiting questioning for an unrelated drug charge. The court further finds the $100,000 award was not unreasonable.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 19, 2023, Case #: 1:16cv79, NOS: Other Civil Rights - Civil Rights, Categories: Damages, assault, police Misconduct
J. Otake partially denies summary judgment to the county in wrongful death complaint against the county and several police officers. In separate case based on the same events that led to a man’s death after police detained him, similar claims of negligence and police misconduct were granted summary judgment but that decision has no bearing on this case and does not preclude the claims in this suit. Although the plaintiffs in both cases are relatives of the decedent, they are not the same relatives and their claims are separate from each other. However, summary judgment is granted as to conspiracy and due process claims due to a lack of sufficient allegations to support the claims.
Court: USDC Hawaii, Judge: Otake, Filed On: June 20, 2023, Case #: 1:20cv202, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, assault, 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