10 results for 'cat:"Civil Procedure" AND cat:"Police Misconduct"'.
J. Bromberg finds that the trial court properly denied a sheriff's motion to dismiss removal proceedings against her, which ended with guilty verdicts for perjury and five other counts related to corruption in her office's processing of concealed weapons licenses. Her claim that the case was moot once she retired failed because the civil jury's finding of malfeasance in office was a conviction in the broad sense and had the collateral consequence of barring her from jury service. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: March 15, 2024, Case #: H050653, Categories: civil Procedure, 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
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J. Cummings denies a motion from the Cook County sheriff and several county correctional officers, who wanted to stay a civil lawsuit brought by a county jail inmate until he’s faced trial for aggravated battery charges. The inmate claims three correctional officers beat him in a jail elevator without security cameras; he further alleged the practice is widespread among correctional officers, and that Cook County Sheriff Tom Dart knew about it but turned a blind eye. The court declines to issue a stay because nothing in the inmate’s civil complaint would undermine the criminal prosecution he faces.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: November 17, 2023, Case #: 1:21cv6243, NOS: Prison Condition - Habeas Corpus, Categories: civil Procedure, police Misconduct, Prisoners' Rights
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Damages, police Misconduct