117 results for 'cat:"Civil Rights" AND cat:"Evidence"'.
J. Auld partially strikes certain witnesses and evidence from being brought by the NAACP against North Carolina and its Board of Elections, whose photo ID requirements for voters are allegedly racially discriminatory. The court says the NAACP failed to properly identify certain witnesses, such as some people who are said to have assisted voters with provisional votes due to the photo ID laws, so those witnesses may not be brought to testify at trial, nor may some of the documents relating to the implementation of those laws.
Court: USDC Middle District of North Carolina, Judge: Auld, Filed On: April 29, 2024, Case #: 1:18cv1034, NOS: Voting - Civil Rights, Categories: civil Rights, Elections, evidence
J. Aiken dismisses without prejudice the homeowner's complaint that the detective wrongfully arrested him for unlawful possession of heroin and methamphetamine without probable cause. The detective had reason to believe that the homeowner had a usable quantity of heroin because the detective found what he believed was evidence of methamphetamines in the homeowner's bedroom, including used syringes, empty baggies and a piece of foil with a burnt substance.
Court: USDC Oregon, Judge: Aiken, Filed On: April 26, 2024, Case #: 6:21cv1648, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Police Misconduct
J. Lum finds the lower court erroneously dismissed excessive force claims filed by a suspect shot with specialty impact munitions and a rifle. The suspect was not required to prove the police officer acted with "malice" or that his actions "shocked the conscience;" rather, the standard governing excessive force claims requires only that the force used was objectively unreasonable and started a series of events that led to other officers using excessive force. The officer who fired the nonlethal round without any warning knew the officer with the rifle mistakenly believed the suspect had a gun and knew the nonlethal round would sound like a gunshot; therefore, his actions could be considered excessive and the case will be remanded for the proper analysis. Reversed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: April 25, 2024, Case #: 2024COA42, Categories: Civil Procedure, civil Rights, evidence
J. Trauger grants the restaurant defendants' motion for summary judgment in this lawsuit brought by a former employee alleging age discrimination in connection with his termination. The former employee, who worked as a general manager, fails to show that his termination was due to his age. The defendants cited "his restaurant's culture, as evidenced by the complaints," and he does not establish that the reason was pretext for discrimination.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 25, 2024, Case #: 3:22cv885, NOS: Employment - Civil Rights, Categories: civil Rights, evidence, Employment Discrimination
J. Stabile finds that the trial court improperly granted defendant’s motion to decertify this case charging him with attempting to murder two police officers when he was 16 years old. The decertification order is defective due to the trial court’s failure to consider multiple criteria that it was required to take into account before granting decertification. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 23, 2024, Case #: J-A24009-23, Categories: evidence, Murder, civil Rights
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J. Rice denies the county summary judgment for the family member's claim that the regional justice center's medical staff did not properly check on or care for the detainee, leading to her death. The family member can hold the county liable under a Monell theory of liability, specifically for its ratification of a policy that does not train its staff to treat and monitor inmates for detox and withdrawal. Also, the death of another inmate, who died under similar circumstances in the county's custody, is admissible evidence.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 19, 2024, Case #: 2:22cv308, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Wrongful Death
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, civil Rights, evidence
J. Thapar finds the lower court properly dismissed the estate's Eighth Amendment and wrongful death claims against the prison. It failed to show the inmate had "unfettered access" to illegal drugs prior to his overdose, while the complaint also lacked details about drug use by inmates and, therefore, failed to show the inmate faced an "objectively excessive risk of harm." Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: April 10, 2024, Case #: 23-5410, Categories: civil Rights, evidence, Wrongful Death
J. Duggan grants two police officers' motion for summary judgment concerning an estate representative's unlawful search and seizure claims. The police officers sufficiently showed in court that they were obligated to search the vehicle of a civilian, now deceased, after he showed up to a property, in violation of a protective order launched by a female associate.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: April 9, 2024, Case #: 3:18cv1464, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence
J. Kelly finds a lower court improperly granted police officers' motion for summary judgment concerning a civilian's civil rights claims. The police officers argued that they properly conducted a lawful investigative stop of the civilian, which resulted in his arrest for interference with official acts. However, the civilian presented sufficient evidence in court that the police officers did not have probable cause to pull him over and arrest him. Reversed.
Court: 8th Circuit, Judge: Kelly, Filed On: April 2, 2024, Case #: 22-2773, Categories: civil Rights, evidence, Police Misconduct
J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow identifiable person imminent-harm exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Immunity
J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: civil Rights, evidence, Immunity
J. Bastian grants the sheriff's office summary judgment against the city administrator's complaint alleging that officers arrested him without a warrant for allegedly stealing public funds during his time as the city administrator for the City of Wapato, Washington. The city administrator claims that the sheriff's office should have known that its officers did not have probable cause because he likely did not have the stolen $100 on him a year after the theft, but continuous possession of misappropriated funds was not an element of the crime for which he was arrested, and the city administrator does not present any evidence that further investigation would have unveiled more information.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 1:22cv3058, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Police Misconduct
J. Norton denies Boeing's motion to dismiss an age discrimination suit. The employee, who is over the age of 40, says a supervisor lowered his evaluations after the employee reported his antagonistic behavior. The employee says the supervisor also altered his job title in order include him in a list of workforce reduction layoffs. Allegations the supervisor changed the employee's job title, that the only other people laid off were 53 and 55, and that the employee was replaced with younger employees are sufficient to make a plausible claim for age discrimination.
Court: USDC South Carolina Aiken, Judge: Norton , Filed On: March 27, 2024, Case #: 2:23cv2631, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Employment Discrimination
[Consolidated.] J. Chatigny denies, in part, the detectives' motion for summary judgment, ruling their alleged coercive tactics on several key witnesses to force identifications of the wrongfully convicted individuals likely affected the outcome of the trial and establishes a Brady violation for the state's failure to disclose off-the-record statements made by the witnesses.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 19, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence
J. Griffin finds the lower court properly dismissed municipal liability claims against the city. Although the police chief intentionally avoided a background check on the officer who held the victim at gunpoint while off-duty and without any reason, there is no evidence to suggest the city should have known the officer would have committed this specific, unconstitutional act based on previous disciplinary issues with a Florida police department. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: March 18, 2024, Case #: 23-5229, Categories: civil Rights, evidence, Government
J. Vitter grants a request by a driver suing a sheriff's department, excluding the testimony of a veteran narcotics officer with “expertise in olfactory science” who claims a deputy could smell marijuana coming from the litigant’s car because the drug has an unmistakable odor that “becomes part of the user’s life.” None of the the opinions by the expert meet federal standards for reliability and relevancy, as his opinions do not assist the trier of fact and are not the product of reliable principles and methods. “No expertise is needed to understand that the opening and closing of a car door may allow odors contained within the vehicle to escape.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 14, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Police Misconduct
J. McFarland denies, in part, the town's motion to dismiss, ruling the allegation it allowed its police chief to arrest the homeowners without the authority to do so creates a plausible civil rights claim against the town under the theory of ratification. Additionally, the assault and battery claims against the former chief of police in his individual capacity will proceed because the allegations made by the homeowners, including that one was pepper sprayed twice after being thrown to the ground, are sufficient to establish the elements of the claims.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 12, 2024, Case #: 1:22cv635, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Malicious Prosecution
J. Beckerman finds in favor of the inspectors against the facility resident's complaint that the inspectors' investigation produced a false positive for drugs that caused the Oregon Department of Corrections to wrongly charge the facility resident with various rule violations, including possession and distribution of drugs. Even if one of the inspectors incorrectly interpreted the tests -- which seems to be shown by the Oregon State Crime Lab's follow-up testing -- that is not enough to establish a retaliatory motive or undermine the inspectors' use of the XCAT machine test to verify their results, nor does the facility resident show other evidence to support his claims.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 4, 2024, Case #: 2:20cv866, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Prisoners' Rights
J. Meyer denies the state marshal's motion for summary judgment, ruling that while there is no direct evidence he was the one who damaged the tenant's belongings following her eviction, his control over the eviction process and circumstantial evidence, including the tenant's claim he was "angry, violent, and vicious," especially after she slammed the door on his foot, is sufficient to allow the civil rights claim to proceed.
Court: USDC Connecticut, Judge: Meyer, Filed On: February 29, 2024, Case #: 3:21cv1379, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence
J. Dorsey grants Las Vegas Fire and Rescue's motion for summary judgment on a fire engineer's retaliation and sexual harassment claims after reporting that, during a visit by guests of a coworker, he heard kissing noises in his coworker’s dorm and was shown a 15-second video of “a man’s genitalia eclipsing the sun." The engineer contends his report led to threats made against him, ostracization and losss of opportunities. The facts fall short of establishing any of the claims. Though visitor policy violations occurred, no evidence shows the engineer's briefly overhearing certain things contributed to the injuries alleged.
Court: USDC Nevada, Judge: Dorsey , Filed On: February 29, 2024, Case #: 2:21cv1405, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Employment Retaliation
J. Currault denies a request by a Chevron plant to dismiss a 52-year-old white supervisor’s employment discrimination claims based on his race, sex and age. He alleges he was subjected to increased scrutiny, disparate treatment and required to work excessive shifts to force him out so his employer could further its diversity efforts by promoting younger minority workers. At the current stage of the litigation, his allegations allow him to proceed on his discrimination claims based on race, gender and age.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:23cv7203, NOS: Employment - Civil Rights, Categories: civil Rights, Employment, evidence
J. Graham denies, in part, the police officer's motion for summary judgment, ruling the drawing of his gun on the federal agent immediately upon his arrival at the scene following a 911 call was objectively unreasonable. Although the officer believed the agent was impersonating a law enforcement agent, the federal agent presented no danger and made no attempt to flee when the officer arrived. Additionally, the video and audio recordings of the federal agent's arrest create a question of fact as to how much resistance, if any, he provided while being handcuffed, and so the arresting officers are not entitled to immunity on the excessive force claim related to their use of a taser.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: February 23, 2024, Case #: 2:20cv6256, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Immunity
J. Bolden denies, in part, the police officers' motion for summary judgment, ruling the false arrest claim filed by the female occupant of the vehicle will proceed. Although she was not charged with a crime and was released on the same night as the confrontation, a jury must determine whether the officers' decision to handcuff her for several hours and transport her to the police station constituted an arrest. Meanwhile, the officers are entitled to immunity on the male occupant's excessive force claim as it relates to their initial use of pepper spray because the officers told the occupant to exit his vehicle at least 12 times over a minute-long period before they used the pepper spray, which made that use of force reasonable.
Court: USDC Connecticut, Judge: Bolden, Filed On: February 16, 2024, Case #: 3:20cv1766, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence, Immunity
J. Nagala denies, in part, the police officers' motion for summary judgment, ruling the arrested individual's excessive force claims will proceed. Although he initially refused to comply and brandished a letter opener, the officers' use of force to take him to the ground and handcuff him after he put the letter opener down and complied with all commands creates an issue of fact as to whether the force was necessary and reasonable.
Court: USDC Connecticut, Judge: Nagala, Filed On: February 13, 2024, Case #: 3:21cv845, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, evidence