26 results for 'cat:"Due Process" AND cat:"Police Misconduct"'.
J. Lee denies in part a police officer's motion for summary judgment on claims including excessive force filed by a mother who was tripped to the ground, allegedly for resisting arrest, when visiting the courthouse to pick up her son. The mother gave sufficient evidence of her injuries to support the excessive force claim.
Court: USDC Southern District of Mississippi , Judge: Lee, Filed On: May 3, 2024, Case #: 3:22cv439, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Hagedorn finds the circuit court and court of appeals properly upheld the police oversight board's decision affirming the chief of police's decision to fire the officer after an internal investigation into Facebook posts the officer made in the days and months after the 2018 arrest of Milwaukee Bucks player Sterling Brown, posts which the chief described as "inappropriate, disrespectful and defamatory." The officer's procedural challenges to his termination fail, including because there was no infringement of due process in the chief's explanation to the officer about what policies he violated, evidence supporting the violations and why he was being fired instead of receiving less severe discipline, and his opportunity to respond and defend himself against the charges. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: April 30, 2024, Case #: 2020AP000333, Categories: Employment, due Process, police Misconduct
J. DuBose grants Mobile, Alabama, and its police officer’s motion for summary judgment in this excessive force and false arrest dispute brought by a citizen. The citizen was arrested after a fight pursued in front of a nightclub, but she fails to show enough evidence to state a claim.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: April 1, 2024, Case #: 1:22cv237, NOS: Other Civil Rights - Civil Rights, Categories: due Process, police Misconduct
J. Saris partially denies a state child advocacy organization’s motion to dismiss claims brought against it by the parents of children who were removed from their custody without a warrant after an emergency room doctor saw that the parents’ youngest child had rib fractures. The parents did not consent to entry of their home and were threatened with force, the children’s pediatrician had no concerns about either of their children and there was plenty of time to get a warrant or court order.
Court: USDC Massachusetts, Judge: Saris, Filed On: March 14, 2024, Case #: 1:23cv10957, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, due Process, police Misconduct
J. Johnston grants a number of Illinois State Police officers’ motion for summary judgment, and partially grants Rockford and its police officers' motion for summary judgment, on a slew of civil rights, conspiracy, emotional distress and due process claims brought by a man who spent 23 years in prison for a murder he didn’t commit. The man claims police fabricated evidence and coerced testimony against him, and similarly withheld evidence that might have helped his case. The court absolves the Illinois State Police from their role in the alleged conspiracy against the wrongly convicted man, but allows his due process and intentional infliction of emotional distress claims stand against all but two of the implicated Rockford police, who are dismissed from the suit. The man’s indemnification claim against Rockford itself also stands.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: March 11, 2024, Case #: 3:18cv50040, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, due Process, police Misconduct
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J. Seybert enters judgment in favor against a woman on claims that a Suffolk County detective violated her due process and equal protection rights when he flirted with her over text while investigating claims that she was being stalked and harassed by an unknown person. The court finds the flirtation, while inappropriate, did not rise to the level of violating her constitutional rights. The court also finds the county not liable and dismisses those claims.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 28, 2024, Case #: 2:19cv4527, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, police Misconduct
J. Clement finds the district court improperly dismissed the Texas inmate's pro se complaint for failure to timely effect service. The complaint was filed against five Texas prison officers, alleging they had allowed the inmate to bleed out for 45 minutes before rendering aid after he had been stabbed nine times by another inmate. The inmate also claims the officers retaliated with excessive force for his filing of a grievance. The court improperly refused to allow defendant leave to proceed in forma pauperis, which prejudiced his chances of effecting service. Reversed.
Court: 5th Circuit, Judge: Clement , Filed On: February 6, 2024, Case #: 22-40731, Categories: due Process, police Misconduct, Prisoners' Rights
J. Gaziano orders a district attorney’s office to disclose to two criminal defense organizations, two defense attorneys, and two former criminal defendants, all of the categories of documents reviewed by the United States Department of Justice to determine whether the district attorney’s office failed to properly investigate and disclose police misconduct and its impact on criminal prosecutions. This is necessary to adjudicate cases of misconduct on a case-by-case basis.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: January 23, 2024, Case #: SJC-13386, Categories: due Process, Legal Malpractice, police Misconduct
J. Drell denies summary judgment to two officers on their argument that excessive force claims by a wanted suspect, subdued after a foot chase and taser deployment, should be dismissed since his own deposition testimony establishes he did not suffer physical injury. The authorities fail to address, much less dispute, the allegations of psychological injury from his arrest including paranoia when he sees police, trouble sleeping and an ability to enjoy time with his children.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: November 27, 2023, Case #: 1:20cv36, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Doughty grants summary judgment to a city police chief and dismisses due process claims by a detective fired for repeatedly lying during an internal probe into whether he intentionally delayed reporting a police brutality criminal investigation to influence the outcome of the city mayoral election. The fired detective cannot establish any acts by the police chief that can be classified as arbitrary and capricious, and, therefore, his due process claim is dismissed.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:22cv828, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Chun dismisses the arrestee's lawsuit alleging that a detective recommended the arrestee on an affidavit for witness intimidation after the mother of a murder victim accused him of telling her, “We’ll just do to you what we did to Wesley [her son]," for wearing a T-shirt with her deceased son's face on it. The arrestee does not present evidence that the detective's decision to not interview him before submitting the probable cause affidavit qualifies as discriminatory conduct, nor does the arrestee prove that the detective violated due process through false allegations, as none of the supposed allegations are conclusively false.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:21cv1203, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Nelson orders the citizen to file a second amended complaint in his pro se lawsuit against a police officer she claims, he racially profiled and performed an unreasonable search of her vehicle during a traffic stop. The first amended complaint does not show enough factual matter and will require her to file a more coherent second amended complaint by Oct. 20, 2023, or her first amended complaint will be dismissed without prejudice.
Court: USDC Southern District of Alabama, Judge: Nelson, Filed On: September 28, 2023, Case #: 1:23cv293, NOS: Other Civil Rights - Civil Rights, Categories: due Process, police Misconduct
J. Kendall partially grants a law enforcement standards board's motion to dismiss due process claims brought by a fired state sheriff's deputy, but also partially grants the ex-deputy's motion for a preliminary injunction against the standards board. The board decertified the deputy amid a pending investigation into his alleged use of cocaine, and while the court dismisses several of the deputy's due process violation charges for failure to state a claim, it also commands the board to recertify him.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:23cv1905, NOS: Other Civil Rights - Civil Rights, Categories: due Process, police Misconduct, Injunction
J. Wolf grants several motions for summary judgment of police officers being sued by a man after they attempted to pull him over for a traffic stop and then entered his home and arrested him. Summary judgment against the man, for his claims of unlawful entry, unlawful seizure and violating the Massachusetts Civil Rights Act, are granted because the officers have qualified immunity.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 22, 2023, Case #: 1:20cv10660, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Albregts denies the city's motion to declare plaintiff a vexation litigant in her civil rights action brought on allegations that the Las Vegas Police Department is stalking her. She says that she was unlawfully arrested while living in Reno, and that when she moved to Las Vegas the police released her booking photo, in which she is bald due to alopecia, to embarrass her. She also claims that U-Haul lost her property and began working with Reno and Las Vegas police, which led to conspiracies involving her apartment management. Though she has shown a pattern of vexatious litigation, she is entitled to notice and hearing. She must show cause as to why she should not be declared a vexatious litigant.
Court: USDC Nevada, Judge: Albregts , Filed On: September 22, 2023, Case #: 2:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. McAvoy dismisses an inmate's remaining due process claims alleging a group of New York State parole officers submitted perjured testimony at his parole hearing, which resulted in his parole being revoked and his subsequent return to jail. Despite his arguments to the contrary, the inmate's claims attempt to invalidate his conviction or the parole board's decision to revoke his parole, which is prohibited under Section 1983.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 19, 2023, Case #: 5:21cv1098, NOS: Other Civil Rights - Civil Rights, Categories: due Process, police Misconduct, Prisoners' Rights
J. Guaderrama grants summary judgment to the El Paso chief of police and closes a case in which a disability-rights group argued the chief was in violation of the Protection and Advocacy for Individuals with Mental Illness Act following the injury of a person experiencing a mental-health crisis. The relevant and "flawed" laws do not give the advocacy group the right to investigate any alleged abuse or neglect nor to collect records related to the incident, and while there "may be a remedy here...it is with Congress."
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: September 1, 2023, Case #: 3:21cv211, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, police Misconduct
J. Stearns grants a town and its police officers’ motion for summary judgment against an individual who claimed his Fourth, Fifth, Eighth and 14th Amendment rights were violated when a town’s police officers used excessive force in arresting him. The individual failed to provide evidence that the excessive force was intended by the town or part of a pattern in its police officers’ behavior.
Court: USDC Massachusetts, Judge: Stearns, Filed On: August 25, 2023, Case #: 1:22cv10157, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, due Process, police Misconduct
J. Saris grants police officers’ motion for summary judgment against a couple suing them for illegally arresting and using excessive force against the man of the couple. The man’s claim that the officers falsely arrested him is incorrect because he was arrested for and convicted of failing to stop for a police officer, and the claim must be dismissed since his conviction hasn’t been invalidated. His equal protection claim doesn’t stand because that would require recognizing a direct cause of action under the Massachusetts Declaration of Rights, which would mean developing and expanding upon state law.
Court: USDC Massachusetts, Judge: Saris, Filed On: August 11, 2023, Case #: 1:18cv11161, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Equal Protection, police Misconduct
J. Garaufis dismisses a former NYPD officer’s sole denial-of-access claim alleging the department withheld exculpatory evidence and fabricated claims during a disciplinary hearing regarding an incident in which his ex-girlfriend suffered a gunshot wound to her neck during a domestic dispute, which ultimately led to his termination from the force. His allegations are mostly conclusory, failing to allege which official actions on the defendants’ part prevented him from pursuing any claims.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 7, 2023, Case #: 1:22cv1217, NOS: Other Civil Rights - Civil Rights, Categories: Employment, due Process, police Misconduct
J. Kirsch finds that the lower court properly found for the police officer on an estate's claims stemming from the officer's fatal car accident that killed a pedestrian while he was driving to work. Mere knowledge that driving at high speed at night could have fatal consequences is not enough to allege a constitutional violation. Especially given the allegation that the officer did not see the pedestrian on the on-ramp of a highway, there is no showing that the police disregarded an obvious risk. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 19, 2023, Case #: 22-2867, Categories: Constitution, due Process, police Misconduct