25 results for 'cat:"Civil Rights" AND cat:"Assault"'.
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: civil Rights, Education, assault
J. Bell grants in part a county district attorney’s office and its staff and some security and police officers’ motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney’s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Vehicle, assault
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J. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: civil Rights, Damages, assault
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. Mendheim denies a teacher’s writ of mandamus petition and in effect denies immunity against claims of assault and battery filed by a student who claims she had held the student's hands behind his back to allow another student to hit him. The teacher’s alleged actions violated the corporal-punishment policy and are not protected by state-agent immunity.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: December 1, 2023, Case #: SC-2023-0322, Categories: civil Rights, Immunity, assault
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. 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. Eckerstrom finds a lower court properly ruled in favor of a city on a civilian's assault and battery claims, but erred in denying the civilian's motion for sanctions. The city argued that police officers detained him for being intoxicated and naked below the waist in close proximity to a public park and a school. However, the civilian presented sufficient evidence in court that the city improperly introduced results of a hospital drug screen test before it obtained permission to do so. Reversed in part.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 6, 2023, Case #: 2 CA-CV 2022-67, Categories: civil Rights, Evidence, assault
J. Bennett denies a teacher’s motion to dismiss negligence, battery and state and federal civil rights claims brought by the parents of a minor elementary school student. The teacher allegedly slammed the minor to the floor to discipline his behavior and asked other students to raise their hands if they had been bullied by him. The parents have properly pled facts. The substantive due process and equal protection claims were previously dismissed as to everyone named in the original complaint, but the teacher was not originally named on those claims.
Court: USDC Maryland, Judge: Bennett, Filed On: November 3, 2023, Case #: 1:22cv1601, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, assault
J. Cogburn denies a female police officer and the City of Charlotte their motion for summary judgment after the female officer shot a male officer in an attempt to serve a search warrant on a known violent criminal. Several officers arrived the house where they intended to serve the warrant. After the officers used a battering ram to knock a door down, shooting came from inside and the male officer was hit. In apparent confusion, the female officer shot at the male officer 14 times before someone identified him as an officer. His injuries required multiple surgeries and he is unable to return to work as an officer. His bulletproof vest with the word “police” across the back were obscured by a jacket, which puts his claims of negligence, assault and battery and intentional infliction of emotional distress into question. Therefore, summary judgment is not possible at this stage and the case will proceed to trial.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2023, Case #: 3:22cv60, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, assault
J. Yarbrough grants an anonymous student’s motion to file a second amended complaint after she alleged that she was raped by a senior while she was a freshman and that school officials allegedly “protected him from being held accountable.” A second amended complaint would not unfairly prejudice these officials, and important new facts have come to light, including the existence of a second accuser.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 7, 2023, Case #: 1:20cv1041, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, assault
Per curiam, the Fifth Circuit finds the district court properly granted the county summary judgment in this suit alleging civil rights violations by officers’ shackling and handcuffing a 10-year-old boy for transportation to and appearance before the juvenile court. He was ordered to be taken into custody for assault on a public servant after several episodes with school officials. Although cited opinions identify considerations for indiscriminate shackling, no authority is shown for their application here. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 7, 2023, Case #: 22-40548, Categories: assault, civil Rights
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. Brailsford grants the dismissal motion filed by the sheriff's office in this lawsuit stemming from an individual's arrest and subsequent detention in the Ada County Jail. The individual contends that he was subjected to a "body cavity search" and asserts claims under Section 1983 for violations of the Fourth and Eighth Amendments. However, the individual plaintiff "fails to allege the requisite facts to hold a municipality liable" under Section 1983. Also, his state law claims must be dismissed against the sheriff's office, as he did not comply with the notice requirement.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 21, 2023, Case #: 1:22cv318, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, civil Rights, assault
J. Hurd preserves a white SUNY Albany student’s Title VI racial discrimination claim brought against the school, finding the student plausibly alleges the university discriminated against him on the basis that he is white after, pressured by local businesses and civil rights activists, it reversed its decision to fire the men’s basketball coach, who is Black, even though he had assaulted the student during an away game.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: July 20, 2023, Case #: 1:22cv1190, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Education, assault
J. Nunley denies, in part, a city and three individuals’ motion to dismiss a woman’s civil rights claims related to her arrest. She has sufficiently pleaded her claims for Monell liability against the city, negligence and assault, along with her state law claims.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: July 13, 2023, Case #: 2:19cv1896, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, Negligence, assault
J. Nguyen finds that the district court improperly entered summary judgment in favor of the United States in an action brought by an individual who alleged that a Transportation Security Officer (TSO) sexually assaulted her during an airport security screening. TSOs fall under the Federal Tort Claims Act's “law enforcement proviso,” which waives sovereign immunity for torts such as assault and battery committed by “investigative or law enforcement officers of the United States Government.” Reversed.
Court: 9th Circuit, Judge: Nguyen, Filed On: June 26, 2023, Case #: 22-15402, Categories: civil Rights, Immunity, assault
J. Land finds that the trial court properly convicted defendant of offenses in connection with the assault of his girlfriend. Defendant's Sixth Amendment rights were not violated when an investigator and an assistant district attorney listened to three recorded jailhouse phone calls between defendant and one of his earliest attorneys. There is no reasonable expectation of privacy in recorded phone calls made from jail or prison, therefore defendant cannot rightfully contend that his calls were confidential or privileged. The state did not seek to admit the calls into evidence and they only came up outside the presence of the jury during defendant's cross-examination of the investigator. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 20, 2023, Case #: A23A0577, Categories: assault, civil Rights
J. Walker affirms in part and reverses in part the lower court’s order denying the correctional agency and two officers’ motion to dismiss the former inmate’s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate’s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 9, 2023, Case #: 21-0905, Categories: civil Rights, Government, assault