18 results for 'cat:"Evidence" AND cat:"Immunity"'.
J. Clement upholds the trial court’s decision granting summary judgment in favor of the city in this personal injury case brought by a resident alleging he was injured after slipping and falling off the city-owned pool’s diving board. The city claimed immunity from liability under the Tennessee Recreational Use Statute as an affirmative defense. The resident and his wife did not imply any exceptions or limitations for their negligence claims under the statute. Swimming and diving are a recreational activity, and the city pool is considered “land” or “premises” under the statute. Therefore, the city is entitled to immunity as a matter of law. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: May 14, 2024, Case #: M2023-00654-COA-R3-CV, Categories: evidence, immunity, Premises Liability
J. Chatigny finds that summary judgment is premature in a case in which detectives withheld exculpatory evidence in a criminal case that resulted in plaintiffs’ wrongful imprisonment. Plaintiffs’ claim rests on negligence of detectives and a narrow identifiable person imminent-harm exception to discretionary immunity. Evidence related to the exception must be further reviewed. Defendant’s motion for summary judgment denied in part and granted in part.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 29, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, immunity
J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: Civil Rights, evidence, immunity
J. Dick refuses to dismiss excessive force claims against a deputy who allegedly shot a woman’s son during a police search for his twin brother. Video captured by a neighbor’s doorbell camera shows the deputy fired into the apartment even though he was not in a position to observe whether the minor had a firearm. Further, another officer can be heard asking the shooting officer if the decedent had a firearm, indicating she did not see the weapon.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 25, 2024, Case #: 3:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: evidence, immunity, Police Misconduct
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J. Milazzo denies summary judgment to a white police officer on his request for immunity from excessive force claims by two black men. They were seriously injured when he fired four shots into a silver Camaro, one of three cars that had been “doing donuts” on the lakefront. Taking together the assumptions the two men were attempting to flee the parking lot to evade arrest, were under suspicion of reckless driving - a relatively minor crime - and the officer was not in immediate harm, a jury could reasonably find the degree of force used the officer was not reasonable.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: February 26, 2024, Case #: 2:21cv333, NOS: Other Civil Rights - Civil Rights, Categories: evidence, immunity, Police Misconduct
J. Graham denies, in part, the police officer's motion for summary judgment, ruling the drawing of his gun on the federal agent immediately upon his arrival at the scene following a 911 call was objectively unreasonable. Although the officer believed the agent was impersonating a law enforcement agent, the federal agent presented no danger and made no attempt to flee when the officer arrived. Additionally, the video and audio recordings of the federal agent's arrest create a question of fact as to how much resistance, if any, he provided while being handcuffed, and so the arresting officers are not entitled to immunity on the excessive force claim related to their use of a taser.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: February 23, 2024, Case #: 2:20cv6256, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, immunity
J. Bolden denies, in part, the police officers' motion for summary judgment, ruling the false arrest claim filed by the female occupant of the vehicle will proceed. Although she was not charged with a crime and was released on the same night as the confrontation, a jury must determine whether the officers' decision to handcuff her for several hours and transport her to the police station constituted an arrest. Meanwhile, the officers are entitled to immunity on the male occupant's excessive force claim as it relates to their initial use of pepper spray because the officers told the occupant to exit his vehicle at least 12 times over a minute-long period before they used the pepper spray, which made that use of force reasonable.
Court: USDC Connecticut, Judge: Bolden, Filed On: February 16, 2024, Case #: 3:20cv1766, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, immunity
J. Smith finds a lower court properly denied qualified immunity to a group of public officials concerning murder charges against a civilian who was later proven innocent. The public officials argued that they did not intentionally include false statements in a affidavit before arresting the civilian. However, the civilian presented sufficient evidence in court that the officials, who may have fabricated evidence, failed to interview a known sex offender who lived in close proximity to where the murder occurred.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 22-2860, Categories: Civil Rights, evidence, immunity
Per curiam, the appellate court finds that the Department of Culture, Recreation and Tourism did not show it was entitled to immunity for a holiday festival attendee's personal injury claim. The evidence supported that the park is available to the public for outdoor recreation but did not show that the holiday festival is a recreational activity that encompasses "viewing or enjoying historical, archaeological, scenic, or scientific sites.” Affirmed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2023-CA-0416, Categories: evidence, immunity
J. Kobes finds a lower court improperly denied a group of county jail officials' motion for qualified immunity concerning a detainee's claims of excessive force. The detainee, who had violated probation, argued that jail house Sergeants failed to protect him from cruel and unusual punishment after they shot chemical spray in his face when he spat at them after flooding his cell. However, jailhouse officials presented sufficient evidence in court that he was repeatedly warned to stop his constant misbehavior, which was captured on video footage, and that the chemical spray was used in short bursts. Reversed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: December 26, 2023, Case #: 22-1603, Categories: evidence, immunity
J. Williams grants, in part, the employer's motion to dismiss, ruling the Eleventh Amendment bars the claims brought under the Connecticut Fair Employment Practices Act because the Department of Transportation is a state actor that has not waived its right to sovereign immunity. Meanwhile, the lack of specificity in the black employee's discrimination claim regarding special privileges given to white employees prevents him from establishing a plausible Title VII claim for race discrimination, which will also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: December 7, 2023, Case #: 3:22cv537, NOS: Employment - Civil Rights, Categories: evidence, immunity, Employment Discrimination
Per curiam, the circuit finds the district court properly denied the sheriff's motion to dismiss the handyman's wrongful arrest claims. The handyman was arrested after he fixed a broken window located at an apartment where a robbery had taken place. Though he had reported he cut his hand during the repair, he was arrested based on a DNA match, and without proper documentation or victim interview by the officers. He was found not guilty for lack of evidence after having been incarcerated for two years and on home confinement for a year. He has plausibly alleged claims of malicious prosecution, overcoming the qualified immunity defense. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-30238, Categories: Civil Rights, evidence, immunity
J. Browning denies the warden's motion for summary judgment based on qualified immunity, ruling the female inmate's allegations regarding being sexually assaulted on multiple occasions by a prison guard who was later promoted by the warden, despite knowledge of the assaults and the prison's zero tolerance policy on sexual assault, create a plausible Eighth Amendment claim. The warden's failure to reassign the guard or take any other investigatory measures after the inmate reported the assaults creates an issue of fact as to whether his actions proximately caused her injury.
Court: USDC New Mexico, Judge: Browning, Filed On: October 6, 2023, Case #: 1:19cv751, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, immunity
J. Atchley partially grants the summary judgment motion filed by the arresting officer in this lawsuit alleging wrongful detention and false arrest based on an incident in the parking lot of a YMCA, in which the driver allegedly parked in "the wheelchair loading zone of a handicap-designated parking spot." The driver's Fourth Amendment claims are dismissed based on the officer's qualified immunity, but his claim for fabrication of evidence may proceed to discovery.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: July 19, 2023, Case #: 2:22cv5, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, immunity