10 results for 'cat:"Constitution" AND cat:"Malicious Prosecution"'.
J. Dick grants summary judgment to a Louisiana State University police officer, dismissing malicious prosecution claims by an intoxicated motorcyclist who tested negative for alcohol but positive for ketamine, an anesthetic that can induce sedation, pain-relief and amnesia. The undisputed facts are that the litigant drove recklessly, illegally turned around to avoid a sobriety checkpoint, did not yield to an attempted traffic stop by the officer and then crashed his bike in a single-vehicle accident resulting in his injuries. When deposed, the operator claimed to have no recollection of the events surrounding the 2018 incident, adding there is nothing that could jog his memory.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 5, 2024, Case #: 3:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: constitution, malicious Prosecution, Immunity
J. Jensen denies a pro se litigant’s motion to disqualify the Illinois Attorney General’s Office and an Illinois assistant attorney general. The litigant claims an assistant attorney general conspired with law enforcement officials in 2017 to wrongfully arrest him, fabricate evidence against him and ensure his conviction in an underlying bogus criminal case. Though a court eventually vacated his conviction, this court finds the litigant has not sufficiently shown how the assistant attorney general acted unethically.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: March 4, 2024, Case #: 3:22cv50041, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, malicious Prosecution, Police Misconduct
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. Joseph denies a request by parish authorities to dismiss claims of malicious prosecution by a citizen who says his run-ins with police at a department store and a Home Depot stem from their desire to punish him for his exercising his constitutional right to freedom of speech while “peacefully shopping.” The outspoken shopper correctly argues, though without citation to any authority, that his state law claims against police are not time-barred because criminal cases against him related to his run-ins with the law remain pending.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:23cv894, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, constitution, malicious Prosecution
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J. Africk denies a request by the New Orleans District Attorney to dismiss a wrongful conviction claim against his office by a former criminal defendant who spent 26 years in prison following his conviction in 1995 for first-degree murder based on the acknowledged unconstitutional suppression of favorable evidence by prosecutors under a former D.A. The current district attorney’s contention that the freed defendant has no claim against his office because the state is responsible for the parish district attorneys’ actions is “without merit.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 21, 2023, Case #: 2:23cv1922, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, malicious Prosecution
J. Jolivette Brown denies a request by the Orleans Parish District Attorney to appeal to the Fifth Circuit her ruling to allow a wrongly convicted defendant to sue the district attorney’s office after prosecutors under his predecessor hid exculpatory evidence at trial. The DA unsuccessfully argued that the alleged evidence policies in the litigant’s complaint are attributable to Orleans Parish — not to the DA’s office as an independent local government entity. However, the ruling that the DA seeks to appeal relied on Fifth Circuit precedent to find that Louisiana district attorneys act as autonomous local policymakers with respect to the policies and practices that govern their evidence disclosure duties.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: June 20, 2023, Case #: 2:22cv1520, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Evidence, malicious Prosecution