39 results for 'cat:"Civil Rights" AND cat:"Immunity" AND cat:"Police Misconduct"'.
J. Oldham finds the district court properly denied qualified immunity for the Houston officers. The good Samaritan was arrested after effectuating a citizen's arrest after a drunk driver crashed. He was charged with felony impersonation of an officer and spent thousands of dollars defending himself before the city dropped the charges. The Samaritan's actions were in accordance with Texas law, and the only evidence he impersonated an officer was the drunk driver’s statement that he identified himself as police. The driver was highly intoxicated and gave other, wildly inconsistent statements, and no reasonable officer could have suspected a felony had occurred. A corrected warrant affidavit could not have established probable cause. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: May 3, 2024, Case #: 22-20621, Categories: civil Rights, immunity, police Misconduct
J. Wynn finds the lower court properly denied summary judgment to the police officer. The police were called by the mother of a 15-year-old boy who claims her son was hitting her. When police arrived, they found the teen unarmed and began approaching him as he attempted to back away before lunging toward him and tackling him to the ground. Despite one officer already tasing the teen who was on the ground, the police officer punched the teen five times in the back of the head while he lay helpless. There is still a genuine dispute over whether the officer used excessive force, thus precluding summary judgment based on qualified immunity. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: April 15, 2024, Case #: 22-2115, Categories: civil Rights, immunity, police Misconduct
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
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J. Morgan denies immunity to four prison officers who allegedly violated an inmate’s constitutional right to basic hygiene and sanitation during his four-day confinement to a “dry cell.” The officers suspected the inmate stored contraband in his rectum, repeatedly ordered him to ingest laxatives, perform bowel movements in full restraints, submit to strip-searches, and undergo x-rays; however, no contraband was found.
According to the inmate’s undisputed account, he was denied a shower, not allowed to wash his hands or brush his teeth, and had to eat near an open bucket of human waste.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 13, 2024, Case #: 2:22cv2680, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, immunity, police Misconduct
J. Frank grants the city and police officers' motion for summary judgment in the mother's wrongful death suit stemming from the locally high-profile police killing of her autistic son, Kobe Dimock-Heisler. The police officers are entitled to qualified immunity, since they had probable cause to believe that the son, carrying a knife, posed an immediate threat of death or serious bodily injury to others when they shot him.
Court: USDC Minnesota, Judge: Frank, Filed On: March 7, 2024, Case #: 0:22cv2124, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Kleeh grants the motion of two West Virginia State troopers and a Preston County Sheriff's deputy for partial dismissal of a Kingwood man's civil rights suit. The man claims the deputy wrongfully entered a home after he called 911 seeking assistance to have his sister removed following a verbal altercation, then aided by the two troopers who arrived later on the scene, wrongfully detained and arrested him for obstruction. The two troopers are entitled to qualified immunity since they acted properly within their scope of authority as state police officers.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: February 26, 2024, Case #: 1:23cv83, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Martinez-Olguin allows some civil rights claims to continue against the City of Antioch regarding the death of Angelo Quinto, who died after being placed in a prone restraint hold by police during a domestic dispute call. Officials are shielded by immunity regarding some of the denial of medical care claims, but the bulk of the wrongful death claims proceed because conflicting testimony and other uncertain details on the record make it unclear if the officers' use of force was justified.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 25, 2024, Case #: 3:21cv6094, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Marmolejo denies two deputies' motion to dismiss an individual's civil rights claims arising from his arrest. The deputies are not immune from the claims, and the individual sufficiently alleges his claims for false arrest, excessive force, unlawful property seizure and denial of medical care.
Court: USDC Southern District of Texas, Judge: Marmolejo, Filed On: February 20, 2024, Case #: 5:23cv48, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Rights, immunity, police Misconduct
J. Wood rules in favor of the county and the police officers in a civil rights, excessive force and battery action brought by the individual arising after one of the officers tased him during his arrest. The officers' use of force was not excessive because they believed the individual was holding his girlfriend hostage. A reasonable officer could have believed that the individual posed an immediate threat of harm because he refused to cooperate with the officers and actively resisted their efforts to arrest him. The officers' use of force was proportionate and the individual did not suffer any long-term injuries. The officers are entitled to qualified immunity.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: February 15, 2024, Case #: 2:22cv94, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
[Consolidated.] Per curiam, the circuit finds that the district court properly declined to dismiss excessive force claims brought against three municipal police officers who claimed qualified immunity. Questions remain unresolved as to whether officers used an unreasonable degree of force in abruptly pulling plaintiff from her home when she agreed to cooperate and sending her, handcuffed and head-first, into the back seat of a police cruiser, causing head injuries. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 14, 2024, Case #: 22-3162 (L), Categories: civil Rights, immunity, police Misconduct
J. Proctor grants three police officers' motion for summary judgment on the civilian's false arrest claim alleging that the officers racially profiled him and had no reason to arrest him when he was watering flowers for a neighbor. The civilian refused to properly identify himself, prompting the officers to legally arrest him for obstruction, so the officers are entitled to state agent immunity.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: December 21, 2023, Case #: 1:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: civil Rights, immunity, police Misconduct
J. Elrod finds the district court properly granted most of the arresting officers’ motions for summary judgment based on qualified immunity in this suit brought on claims of false arrest. After an anonymous person using a blocked number called 911, threatening officers and an alleged hostage, officers arrived at the location provided to find a man with no hostage and no weapons. He was taken into custody and released when the investigation proved inconclusive. Though the officers credibly believed that lives were in danger, the first officer on the scene asserts that the nature of the probable cause changed from the time of the initial arrest to the duration of the detention, and that there was no probable cause after the original facts had dissipated. The district court improperly dismissed the Fourth Amendment claims against the first officer. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: November 2, 2023, Case #: 21-11100, Categories: civil Rights, immunity, police Misconduct
J. Marshall finds that a jury must be presented with certain questions before the court can rule on whether the officer is entitled to qualified immunity from claims stemming from an incident in which he shot a driver during an early morning traffic stop, causing the driver to become paralyzed. The jury must resolve disputes as to whether the driver was driving or parked when the officer turned on his lights and whether the officer drew his weapon before or after he smelled marijuana and saw smoke.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: November 2, 2023, Case #: 3:19cv126, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Cartwright denies the corrections officer's motion to dismiss the ex-convict's Fourth Amendment excessive force claim against him, which alleges that the corrections officer punched and otherwise assaulted the ex-convict after ordering him to provide a urine sample for random drug testing, breaking the bones in the ex-convict's right hand in the process. The ex-convict's excessive force claim falls under the Fourth Amendment because he was out on community custody when he was arrested for violations of his community custody sentence, and the corrections officer does not have qualified immunity for the ex-convict's claim because there are three other cases establishing the ex-convict's right of freedom from excessive force.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: October 27, 2023, Case #: 3:22cv5029, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Bredar denies a resident’s motion for leave to file a third amended complaint in a suit she brought against her neighbors, local police officers, their department and the local municipality on allegations of constitutional and state civil rights violations. The resident, a Black woman, had ongoing conflicts with her white neighbors, who intentionally provoked her with racist slurs and blaring music. Her third amended complaint is unnecessary and futile, as it only changed in requesting more damages. The police department is not entitled to qualified immunity on the woman’s class-of-one claim.
Court: USDC Maryland, Judge: Bredar, Filed On: October 27, 2023, Case #: 1:22cv1349, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Wilson vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly ruled the police officers were entitled to qualified immunity from a mechanic’s false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The mechanic was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the mechanic was using intimidation or physical force to intentionally obstruct the officer’s investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: October 20, 2023, Case #: 21-14396, Categories: civil Rights, immunity, police Misconduct
J. Vera finds in favor of the Los Angeles Sheriff’s Department deputies against the detainee's complaint that the deputies seized his handwritten notes while transporting the detainee from lockup to his criminal preliminary hearing, and that the confiscation of this work product prevented effective cross-examination of witnesses, forcing him to plead no contest and serve one year in prison. The deputies are protected by qualified immunity, because pre-trial detainees have limited constitutional rights to their notes and legal papers, and the detainee does not present case law to sufficiently argue that temporarily confiscating express documents during transport is a clear constitutional right violation.
Court: USDC Central District of California, Judge: Vera, Filed On: October 19, 2023, Case #: 2:22cv4912, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Estudillo finds in favor of the city against the mother's complaint that the city's officer erred when he fatally shot her son, who was in the midst of a mental health crisis. The officer has qualified immunity against the mother's Fourteenth Amendment claim that he should have deliberated before shooting the son, because the son lunged at the officer with a knife while saying, “Just do it, just do it," which made deliberation impractical.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 2, 2023, Case #: 3:21cv5458, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct
J. Wilson finds that the district court improperly ruled the police officers were entitled to qualified immunity from the individual's false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The individual was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the individual was using intimidation or physical force to intentionally obstruct the officer's investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 26, 2023, Case #: 21-14396, Categories: civil Rights, immunity, police Misconduct
J. Ebel finds that the lower court improperly denied an officer qualified immunity after it was alleged that the officer used excessive force against an individual in an attempt to get a cell phone that the officer believed would prove that the individual or his fiancee has abused a child. The individual was resisting the officer during the altercation after being ordered to turn over the phone so as to prevent the destruction of evidence, so the officer was justified in deploying his taser to overcome the resistance. Because the officer's conduct was lawful, he is entitled to immunity. Reversed.
Court: 10th Circuit, Judge: Ebel, Filed On: August 18, 2023, Case #: 22-1130, Categories: civil Rights, immunity, police Misconduct
J. Wilson finds the trial court properly found that the officer is protected by qualified immunity for shooting the driver six times. The officer attempted to pull the man over to conduct an investigatory stop and was led on a slow-speed chase through red lights and people’s yards, ending with the driver reaching into the bed of this truck after he was told to show his hands. The officer did not know that the man’s hands were empty when he shot him, and his belief that he was reaching for a weapon entitles him to immunity. Affirmed
Court: 5th Circuit, Judge: Wilson, Filed On: August 17, 2023, Case #: 22-30329, Categories: civil Rights, immunity, police Misconduct
J. Wright partially denies the city, county and Department of Natural Resources and their officers' motions to dismiss the protester's suit alleging constitutional violations during protests of the death of Daunte Wright. The protester has standing to bring his claims and to seek injunctive relief, and has plausibly alleged that the county sheriff knew of an unconstitutional pattern of behavior by his subordinates sufficient to overcome a qualified-immunity defense. The protester's Fourteenth Amendment claims are dismissed for failure to state a claim, but his conspiracy claims survive.
Court: USDC Minnesota, Judge: Wright, Filed On: August 16, 2023, Case #: 0:22cv1666, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, police Misconduct