10 results for 'cat:"Civil Rights" AND cat:"Negligence" AND cat:"Police Misconduct"'.
J. Clay finds that the district court properly granted Walmart’s motion to dismiss a taxi driver’s assault, battery, intentional infliction of emotional distress, false arrest and false imprisonment claims. The district court also properly dismissed the driver’s 14th Amendment claim because it is identical to his Fourth Amendment claim. However, the dismissal and qualified immunity on the Fourth Amendment claims against the arresting officer, municipal liability claim against the sheriff and the negligent hiring, supervision, training, and retention and vicarious liability against Walmart and its security guard shall be remanded for further proceedings. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Clay, Filed On: April 3, 2024, Case #: 23-3217, Categories: civil Rights, negligence, police Misconduct
J. Marks partially grants the city and three officers’ motion to dismiss this civil rights lawsuit brought by a Georgia resident, who is a Black woman. The citizen was traveling with her child in the backseat when an officer pulled her over for allegedly not using a turn signal; she was arrested and charged with resisting arrest and disorderly conduct. She alleges race discrimination, malicious prosecution and negligence claims. The city’s motion to dismiss is dismissed with prejudice on all claims. The officers are not entitled to qualified immunity or state agent immunity. The officer who made the stop’s motion to dismiss is denied, while the other officers are dismissed from the race discrimination, negligence and wantonness claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 29, 2024, Case #: 1:22cv418, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
[Consolidated.] J. Bumb finds for one plaintiff in claims contending a police officer used unapproved jiu jitsu takedown moves on two women during separate arrests. One plaintiff weighed less than 100 pounds and thus posed no credible threat, and certain testimony bolsters the argument that plaintiff's resistance to arrest had been no more than passive. Meanwhile, supervisors had been on notice that an excessive force violation could occur in light of the officer's frequent use of force during arrests. However, counsel for one plaintiff conflated "use of force" during arrests with "excessive force," and issues of fact remain in dispute concerning allegations against the city.
Court: USDC New Jersey, Judge: Bumb, Filed On: January 30, 2024, Case #: 1:19cv12002, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
J. Cogburn partially denies the City of Charlotte and several of its police officers their motion to dismiss multiple claims brought by a cell phone and jewelry merchant after officers allegedly assaulted and falsely arrested him. The merchant attempted to get an unknown person to stop blocking the entrance to the parking lot with their vehicle where the merchant’s store is located and got into an argument. Someone called the police, who pushed him against a display case inside of his store then threw him to the ground and pushed his face into the ground repeatedly before arresting him. Although the officers are protected from negligence claims by official public immunity at this stage, all of the merchant’s other claims, including false arrest, excessive force and false imprisonment, can proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:23cv403, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
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J. Chuang partially declines to dismiss a complaint stemming from a U.S. Marshall Service canine biting the girlfriend of man being arrested. The canine the officers brought with them to help with the arrest of the boyfriend was trained to bite the first person it saw upon entry into a room, which was the girlfriend. A genuine dispute of material fact exists as to whether the officers were aware that the girlfriend would be present during the execution of the warrant.
Court: USDC Maryland, Judge: Chuang, Filed On: September 25, 2023, Case #: 8:20cv845, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
J. Gonzales dismisses some negligence claims against law enforcement agencies and officers in a complex civil rights lawsuit over the law enforcement response to a “unfortunate and regrettable violent murder.” A precedent cited by the person who brought this suit involved a sheriff department’s “complete failure to respond to a call reporting a crime in progress,” whereas this case instead involved a “dynamic” situation, and the person suing has not shown that law enforcement’s actions were so negligent as to overcome immunity.
Court: USDC New Mexico, Judge: Gonzales, Filed On: July 20, 2023, Case #: 1:21cv1222, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
J. Marshall grants a police officer’s motion for summary judgment against claims of having used excessive force when tasing a man, paralyzing him, when responding to a domestic violence call.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: July 17, 2023, Case #: 3:21cv75, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct
J. Flanagan denies, in part, the police officers' motion to dismiss a father's claims arising from the officers' alleged slamming of his handcuffed son to the ground, which fractured the son's elbow. The officers are not entitled to public immunity from the father's gross negligence claim, as he has sufficiently alleged they acted with malice and the incident report recounts a similar recitation of the events as the allegations in the complaint.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 30, 2023, Case #: 4:22CV61, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, negligence, police Misconduct