6 results for 'cat:"Civil Rights" AND cat:"Government" AND cat:"Immunity"'.
J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, immunity
J. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, immunity
J. Cole finds the lower court properly denied two of the Cincinnati police officers' motion for immunity on civil rights claims filed by the victims of a collision during a high-speed chase. Although the chase was the result of a joint investigation with the ATF, neither of the officers were deputized or under the direct command of a federal officer; therefore, they were not federal employees acting within the scope of their official duties. Affirmed in part.
Court: 6th Circuit, Judge: Cole, Filed On: January 23, 2024, Case #: 22-5496, Categories: civil Rights, government, immunity
J. Robbenhaar finds that one county official has qualified immunity but that another does not in a convoluted civil rights case involving a New Mexico resident living on “Section 8” assistance, who alleged county officials violated her rights by wrongfully depriving her of rent subsidies and other assistance without providing her adequate notice. One of the officials did nothing through “action or inaction” to affect the resident’s benefits, whereas another official was more directly involved with the “erroneous” change and claims against them remain active for now.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: June 8, 2023, Case #: 1:22cv622, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, immunity
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J. Berger grants the City of Oak Hill and two of its police officer’s motion to dismiss the motorcyclist’s civil rights lawsuit accusing the officers of continuing to pursue him outside the city limits at speeds of up to 100 mph after dispatch ordered them to cease, causing him permanent injuries when the officers did not first call paramedics after he wrecked his motorcycle in a ditch, ending the pursuit. Determining there is “no clearly established precedent establishing that officers must refrain from moving an injured person prior to arrival of first responders with more medical training,” the court finds the officers are protected by qualified immunity. Absent an underlying constitutional violation, the motorcyclist’s municipal liability claim against the city cannot survive.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 5, 2023, Case #: 2:23cv69, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, government, immunity