66 results for 'cat:"Civil Rights" AND cat:"Malicious Prosecution"'.
J. McDonough grants the sheriff's department defendants' summary judgment motion in this lawsuit brought by a former probation officer asserting claims of malicious prosecution and false arrest, in connection with her alleged arrest on charges of "official misconduct." The charges were dismissed against the former probation officer, but she fails to show that certain incident reports were false or that the defendants "intentionally or recklessly falsified the reports."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 4:22cv44, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
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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. Brasher finds that the district court improperly ruled in favor of the detective in a civil rights and malicious prosecution action brought by a citizen arrested by a detective for the murders of the man’s mother and stepfather. The individual spent a year in jail until the charges were dropped and another person was charged with the offenses. The detective omitted the full timeline of events from the arrest warrant affidavit, including the fact that the mother and stepfather were not killed until at least seven hours after the individual was last inside the house. A corrected version of the affidavit would not have established arguable probable cause for the individual’s arrest. A reasonable jury could find that the detective intentionally or recklessly left information out of the affidavit that exonerated the individual. Reversed.
Court: 11th Circuit, Judge: Brasher, Filed On: March 11, 2024, Case #: 22-13258, Categories: civil Rights, malicious Prosecution
J. Sannes preserves a Black man’s amended civil rights complaint alleging he was wrongfully convicted of rape and sentenced to 16 years in prison. It was discovered later that an assistant district attorney involved in the case coerced the victim into changing whom she believed was the attacker following a lineup procedure. The court finds the assistant district attorney is not entitled to prosecutorial immunity because his duties at the time were investigatory, not prosecutorial, and the county is vicariously liable for his actions. The court also preserves a cross-claim filed by the city of Syracuse against the county and the ADA for contribution, apportionment and indemnification.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 11, 2024, Case #: 5:22cv1241, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Immunity
J. Brown rules in favor of the officials in a civil rights and malicious prosecution action brought by the former social worker after she was arrested and lost her job for purportedly passing contraband to an inmate. The charges against the social worker were eventually dismissed. The special agent's motion to dismiss is granted only with respect to the social worker's illegal search claim. A reasonable jury could find that the agent intentionally made misstatements and omissions in the arrest warrant affidavit with respect to the contraband found in the inmate's cell and what was captured on a video of the social worker and the inmate. The agent is therefore not entitled to qualified immunity from the malicious prosecution claim.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 1, 2024, Case #: 1:21cv1992, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Bell grants three police officers’ motion for summary judgment following allegations of malicious prosecution and assault, among others, brought by a motorist who was suicidal during her encounter with the officers. The motorist left a suicide note and took her husband’s pistol when she left their house, but called a police non-emergency number when she got lost. The dispatcher called the officers, who arrived at the house ahead of the motorist. She drove past, leading the officers to pursue her. Eventually, they all returned to the house, where the motorist claims she was physically forced out of her car and onto the ground. Also, allegedly one officer jammed his knee into her back, and she was forcibly arrested. Because there was probable cause to arrest her and the officers have sovereign immunity, they are granted summary judgment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 29, 2024, Case #: 5:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Magnus-Stinson rules in part for law enforcement, business defendants, and prosecutors in civil rights claims. The business defendant, a private corporation, cannot be sued for conspiring to violate plaintiff's civil rights related to a drug arrest, and prosecutors have immunity against claims contending they should have refrained from taking plaintiff to trial. However, malicious prosecution claims specifically based on the fourth amendment may proceed because plaintiff was acquitted of the criminal charges.
Court: USDC Southern District of Indiana, Judge: Magnus-Stinson, Filed On: February 21, 2024, Case #: 1:23cv2303, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Immunity
J. Kocoras denies Chicago and its police officers’ motion for summary judgment on a resident’s claims of unreasonable seizure, false arrest, and malicious prosecution, finding the resident has sufficiently alleged that police entered his home without a warrant and arrested him without probable cause.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: February 15, 2024, Case #: 1:22cv1564, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Orrick dismisses civil rights claims from Barry Gilton, who claims that San Francisco officials made up evidence to convict him of being involved in the murder of Calvin Sneed, of which he was eventually acquitted. His complaint is supported by largely circumstantial evidence and does not show that he was prosecuted without probable cause. Gilton's prior experiences with Sneed regarding troubles with his daughter, as well as Gilton's known connections to the gang involved in the killing, all gave prosecutors enough probable cause to indict Gilton.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 8, 2024, Case #: 3:22cv7697, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Kearse finds that the district court improperly dismissed malicious prosecution claims brought after plaintiff was arrested for violating a noise ordinance by shouting at a police car driving down a dark city street without its headlights on. Questions of fact remain unresolved as to whether the arrest was supported by probable cause and whether plaintiff's shouting fell under first amendment protections even had he been aware he was shouting at police.
Court: 2nd Circuit, Judge: Kearse, Filed On: January 31, 2024, Case #: 21-1036, Categories: civil Rights, malicious Prosecution
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Wood partially rules in favor of the sheriff and police officers in a civil rights, malicious prosecution and negligent hiring action brought by the individual arising from her arrest for calling 911 about gunfire near her home. The charge against the individual was eventually dismissed. The individual failed to show that a causal connection exists between one officer's actions and the adverse effect on the individual's speech. However, a dispute of fact exists as to whether the individual engaged in protected speech and as to whether another officer had a subjective motivation to retaliate against and arrest the individual because of her speech. A jury must determine whether the officer had probable cause to arrest the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 29, 2023, Case #: 2:20cv110, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct
J. Epps recommends that a civil rights and malicious prosecution action brought by the individual against the Georgia State Patrol and two officers be dismissed. The action arose out of three traffic stops which resulted in the individual being arrested for DUI twice and once for driving with a suspended license. The first DUI charge was disposed of by order of nolle prosequi. Since the patrol is an agency of the state and the state has sovereign immunity, the civil rights claim should be dismissed. The individual failed to allege that one officer lacked sufficient probable cause to arrest him. The individual's state court conviction bars his false arrest claim as to his second traffic stop and arrest.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: December 20, 2023, Case #: 6:23cv70, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution
J. Lawson grants the county summary judgment in claims contending officials fabricated evidence to falsely convict plaintiff of murder in 1994 because plaintiff released the county from liability by accepting a settlement under Michigan’s Wrongful Imprisonment Compensation Act. However, a detective may have fabricated critical incriminating evidence, and thus claims may proceed against her.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: December 19, 2023, Case #: 2:21cv12070, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Emotional Distress
J. Zainey denies summary judgment to an ex-defendant whose murder conviction was vacated on constitutional grounds after he spent more than 28 years in prison. The former defendant cannot rely on the "self-flagellating” post-conviction admissions of the New Orleans District Attorney in 2021 to fulfill his burden of proof in his civil rights suit against the DA's office, alleging prosecutorial misconduct by prior regimes. When the DA joined the defendant’s post-conviction appeal, he sought justice for the ex-defendant and he did so “at the risk of his own office’s coffers, the protection of which would have better served his own office."
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 7, 2023, Case #: 22cv15, NOS: Insurance - Contract, Categories: civil Rights, Constitution, malicious Prosecution
J. Reidinger concurs with a jury that a man who was allegedly beaten by police officers, who also allegedly shot and killed his dog during their arrest of the man, is not liable for battery on one of the officers who counter-sued him. The court also found that the six named law enforcement officers have no obligation to the man for their actions. However, the man was found to be liable to one of the officers for $40,000 in compensatory damages.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, malicious Prosecution, Police Misconduct