647 results for 'cat:"Immunity"'.
J. White partially grants the summary judgment motions at issue in this excessive force case involving the alleged death of a detainee following a 911 call. The sheriff is entitled to summary judgment in his individual capacity, based on qualified immunity. However, the official capacity claims against him survive summary judgment, including the estate's Section 1983 claim for failure to train and the state law excessive force claim.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: May 16, 2024, Case #: 6:20cv152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity
J. White denies the deputy's motion for summary judgment in this lawsuit involving the alleged death of an individual who was detained following a 911 call regarding a "potentially naked" man running down the street. The deputy allegedly put the individual in a "lateral vascular neck restraint," but the individual was sitting on the curb when the deputy arrived on the scene and "not actively resisting." The court finds that the deputy is not entitled to qualified immunity. A police officer's request for summary judgment is also denied.
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: May 16, 2024, Case #: 6:20cv152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity
J. Siler finds the prison officers failed to properly raise the defense of qualified immunity before the lower court and, therefore, forfeited the defense. Although qualified immunity was "mentioned" in their response to the inmate's civil rights lawsuit, the officers failed to provide any legal of evidentiary arguments to support their position, which renders it forfeit. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: May 15, 2024, Case #: 23-1291, Categories: Civil Procedure, Civil Rights, immunity
J. Tymkovich finds that the lower court improperly denied qualified immunity to a handful of police officers involved in a deadly shooting. The shooting took place when police were responding to a reported hostage situation that ultimately turned out to be decedent having a mental health crisis, and when officers arrived on the scene and began to search his apartment, decedent advanced on the officers with a machete. In this situation, the officers had a "split second to respond to a deadly threat" being presented by decedent. It is, therefore, reasonable that the officers believed deadly force was necessary, and are entitled to immunity. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: May 14, 2024, Case #: 23-1049, Categories: immunity, Police Misconduct
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
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J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: Civil Procedure, immunity, Jurisdiction
J. Kelety finds that the trial court properly granted summary judgment to governmental entities on a trip and fall complaint. Trail immunity shields the entities from liability for a fall caused when a park visitor tripped on a cable that was strung between two wooden posts. No dispute existed about whether the cable was on a walking path down to a beach that both the visitor and the entities described as a trail, or that the wooden poles and cable were parts of the trail. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: May 13, 2024, Case #: D083075, Categories: immunity, Negligence
J. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: Government, immunity, Wrongful Death
J. Zmuda finds the lower court erroneously denied the superintendent's motion for summary judgment on defamation claims brought by the principal. The statements about accusations of sexual harassment and inappropriate touching of students were made only after a complete investigation and were not reckless or malicious, given that they included only verbatim statements from the investigative report; therefore, the superintendent was entitled to political subdivision immunity. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: May 10, 2024, Case #: 2024-Ohio-1798, Categories: Employment, immunity, Defamation
J. Wooton reverses the lower court's order partially granting motions of two municipal police departments, their respective police chiefs and two officers to dismiss a motorist's amended complaint alleging the officers wrongfully arrested him for disorderly conduct, and later DUI, after he made remarks on how their vehicles were parked at an apartment complex while responding to a call for a vehicle break-in. The judge committed plain error by basing her immunity decisions on common law qualified immunity principles applicable only to the state of West Virginia or its employees and agents and not on the West Virginia Tort Claims Act applicable to political subdivisions and their employees. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: May 9, 2024, Case #: 22-428, Categories: Government, immunity, Police Misconduct
J. Russel finds the lower court improperly concluded that sovereign immunity barred the successor's claims. The Virginia Department of Transportation contracted a contractor for construction inspection and permitted them to bill VDOT for certain overhead costs, including the cost of rental vehicles. Because of the nature of the projects at issue, VDOT, in turn, could seek reimbursement from the federal government for the expenses it reimbursed so long as VDOT complied with Federal Acquisition Regulation provisions. The FAR clauses purportedly did not allow VDOT to receive reimbursement for expenses paid to the successor, an entity under its common control. The parties eventually mediated the claims and agreed upon a settlement agreement that the contractor felt it had no choice, given its economic situation, but to sign. It later received information previously withheld that led to the suit, filed in part to invalidate the settlement agreement. Sovereign immunity doesn’t apply to claims based on express contracts. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230365, Categories: Government, immunity, Contract
J. Jones finds that the trial court properly ruled in favor of the Texas State Board of Dental Examiners, granting its plea to the jurisdiction in a lawsuit brought by a dentist who challenged disciplinary actions taken against him. Officials enjoy a broad authority to interpret rules and statutes and the alleged violations do not merit waiving the board's immunity. Affirmed
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 03-22-00752-CV, Categories: Administrative Law, Government, immunity
J. McHugh finds that the lower court properly granted immunity to a series of state officials after a doctor sued them with claims that he was arrested without good cause and that social workers took his children away after they entered his home without a warrant. He was arrested over reports of sexual abuse against a minor, though eventually the charges against him were dropped and his children returned. Given the evidence available to investigators at the time, they had reasonable suspicion to think that the children were in danger. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: May 7, 2024, Case #: 23-2056, Categories: Civil Rights, immunity
J. Clay finds that both the University of Michigan and its doctor, who controlled the lab from which the fentanyl used by the decedent was taken, are entitled to sovereign immunity on due process and wrongful death claims filed by the estate. It seeks only monetary damages, while the university has also not waived the defense, given its only motion in response to the lawsuit was the underlying motion to dismiss. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: May 6, 2024, Case #: 23-1718, Categories: immunity, Due Process, Wrongful Death
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, Categories: Civil Rights, Constitution, immunity
J. Oldham finds the district court properly denied qualified immunity for the Houston officers. The good Samaritan was arrested after effectuating a citizen's arrest after a drunk driver crashed. He was charged with felony impersonation of an officer and spent thousands of dollars defending himself before the city dropped the charges. The Samaritan's actions were in accordance with Texas law, and the only evidence he impersonated an officer was the drunk driver’s statement that he identified himself as police. The driver was highly intoxicated and gave other, wildly inconsistent statements, and no reasonable officer could have suspected a felony had occurred. A corrected warrant affidavit could not have established probable cause. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: May 3, 2024, Case #: 22-20621, Categories: Civil Rights, immunity, Police Misconduct
J. McDonald finds that the lower court properly allowed a foundation to continue claims concerning the ownership of property and historical artifacts displayed in the official residence of the Iowa governor because the state waived immunity upon voluntarily creating legal relationships with private citizens and the foundation. Affirmed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 3, 2024, Case #: 22/1995, Categories: Property, immunity
J. May finds that the lower court properly held that the city was immune from negligent hiring claims contending an unqualified employee's inspection of a privately owned building precipitated a lawsuit after a woman fell down a set of stairs because the woman failed to prove city misconduct. Reversed.
Court: Iowa Supreme Court, Judge: May, Filed On: May 3, 2024, Case #: 23-0917, Categories: Property, immunity, Negligence
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, immunity, Guardianship
J. Hernandez dismisses the patient access specialist's First Amendment claim alleging that the university wrongfully placed her on unpaid leave and eventually fired her after rejecting her religious exemption request to receiving the Covid-19 vaccine. The patient access specialist does not prove that the university employees were barred from trying to distinguish between religious and secular objections to a vaccine or from denying exemptions to a state-mandated vaccine mandate.
Court: USDC Oregon, Judge: Hernandez, Filed On: May 2, 2024, Case #: 3:23cv1562, NOS: Employment - Civil Rights, Categories: Employment, immunity, Covid-19
J. Jackson-Akiwumi finds that the lower court improperly granted qualified immunity to two probation officers who failed to release a man jailed for a probation violation months after his probation should have been over. The officers' jobs involved correcting unlawfully long probation terms, but they did nothing when they discovered the error, not even tell someone about the problem. Their decision to do nothing about the mistake was egregious and unreasonable. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 30, 2024, Case #: 21-3332, Categories: Civil Rights, immunity
J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: immunity, Assault, Police Misconduct
J. Byrne finds that the trial court properly in part ruled in a case in which a court reporter and her firm sued the Judicial Brand Certification Commission for allowing another reporting firm to provide services without proper certification. The trial court correctly denied the commission’s plea to the jurisdiction for the reporter’s petition for mandamus relief. However, the trial court incorrectly denied the commission’s plea to the jurisdiction against the judicial review, because such a review is not an available option within this administrative context. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 30, 2024, Case #: 03-22-00245-CV, Categories: Administrative Law, Government, immunity
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: Civil Rights, immunity, Due Process
J. Robertson grants the city defendants' motions for summary judgment in this lawsuit arising from a traffic stop that allegedly ended with the driver's arrest. The driver, who was initially stopped for an alleged headlight violation, brings claims for false arrest, excessive force and failure to train. The arresting officer is entitled to qualified immunity, as the evidence does not show excessive force in the use of the handcuffs. The officer was also authorized to arrest the driver after the driver refused to sign the citation.
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: April 29, 2024, Case #: 6:22cv146, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity