32 results for 'cat:"Malicious Prosecution" AND cat:"Police Misconduct"'.
J. Cogburn denies a municipality and four of its police investigators their motion to dismiss allegations of 14th Amendment rights violations and tort claims brought by a nursing home aid illegally accused of abuse and sexual assault on a resident. The aid had previously been incarcerated for five years after the officers wrongfully framed him for crimes he did not commit, as was discovered at an evidentiary hearing. The judge immediately released him upon finding him innocent. Evidence shows that the police investigators systematically manipulated and harassed the aid into a false confession, and their arguments to the contrary are insufficient.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv624, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, malicious Prosecution, police Misconduct
J. Maldonado denies an Illinois city and its police officers’ motion for new trial, judgment or remittitur of damages. A jury previously found the city and its police liable for falsely imprisoning a man and violating his Fourth Amendment rights, and awarded the man over $3 million in damages. The court found the jury properly arrived at its verdict and issued appropriate damages.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: May 2, 2024, Case #: 1:17cv4699, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Damages, police Misconduct
[Consolidated.] J. Murphy finds that the lower court properly in part denied officers’ motion for summary judgment in these claims of excessive force and failure to intervene. The officers have opposite arguments but cannot justify the force of kneeing and dragging the suing citizen. The plaintiff alleges one officer punched, kneed him in the back while dragging him across the floor and the other officer failed to intervene. This case is partially dismissed for lack of jurisdiction, and the both officers are owed summary judgment on the failure-to intervene claims. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: April 15, 2024, Case #: 22-1990, Categories: malicious Prosecution, Negligence, police Misconduct
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
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J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Damages, police Misconduct
J. Niemeyer finds the lower court properly denied the passenger's attempt to submit a fourth complaint. An airplane captain ordered the passenger to deboard the plane after finding out she had a dog allergy and two dogs would be on the aircraft, causing a situation the flight attendants felt uncomfortable with. The passenger's explanation that she needed to be in Los Angeles the next morning, that her allergy would not be an issue because of where she was seated, and that her allergy was “not life-threatening” was insufficient. The captain refused to reconsider his decision. The passenger refused to leave, and the captain ordered state officials to remove her from the plane physically. At the time of his decision, the captain believed the allergies to be life-threatening, a valid reason to remove her. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: March 20, 2024, Case #: 21-1221, Categories: malicious Prosecution, Negligence, police Misconduct
J. Alonso partially grants motions from and Chicago and several Chicago police for summary judgment on extensive police misconduct claims brought by a man who spent almost a decade in jail for bogus drug dealing charges. The man claims the police falsely arrested him, fabricated evidence against him, suppressed evidence and conspired to ensure he went to jail, and holds Chicago responsible for fostering a toxic police culture that allowed the individual defendants to get away with their misdeeds. The court, however, dismisses the man’s false arrest, concealment of evidence, conspiracy, failure to intervene and respondeat superior claims for various reasons, ranging from claims being time-barred to lack of evidence. The man’s claim for fabrication of evidence is also dismissed as to one member of the police force, but stands for the rest of them. His indemnification claim against Chicago also stands.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: March 15, 2024, Case #: 1:20cv5886, NOS: Insurance - Contract, Categories: malicious Prosecution, Indemnification, police Misconduct
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. Bell grants three police officers’ motion for summary judgment following allegations of malicious prosecution and assault, among others, brought by a motorist who was suicidal during her encounter with the officers. The motorist left a suicide note and took her husband’s pistol when she left their house, but called a police non-emergency number when she got lost. The dispatcher called the officers, who arrived at the house ahead of the motorist. She drove past, leading the officers to pursue her. Eventually, they all returned to the house, where the motorist claims she was physically forced out of her car and onto the ground. Also, allegedly one officer jammed his knee into her back, and she was forcibly arrested. Because there was probable cause to arrest her and the officers have sovereign immunity, they are granted summary judgment.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 29, 2024, Case #: 5:22cv157, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Africk grants a request by a district attorney and his assistant state prosecutor to dismiss state law defamation claims by a litigant in connection with his arrest for taking pictures of a carnival amusement ride at a Catholic school fair. In an earlier federal suit related to that incident, a jury found a single sheriff’s deputy liable for excessive force violations, false arrest and imprisonment, and malicious prosecution. State prosecutors are protected by the doctrine of absolute immunity, while other claims are dismissed as time-barred.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 23, 2024, Case #: 2:23cv1247, NOS: Other Civil Rights - Civil Rights, Categories: Jury, malicious Prosecution, police Misconduct
J. Kocoras denies Chicago and its police officers’ motion for summary judgment on a resident’s claims of unreasonable seizure, false arrest, and malicious prosecution, finding the resident has sufficiently alleged that police entered his home without a warrant and arrested him without probable cause.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: February 15, 2024, Case #: 1:22cv1564, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Bencivengo allows the widow to pursue a deprivation of civil rights claim against certain individuals in her complaint alleging that the San Diego Sheriff's Department fabricated and mishandled evidence to advance their theory that she was responsible for her husband's death. The widow sufficiently alleges that certain detectives altered the crime scene, created a report contradicting an eyewitness statement, and omitted information from a witness in their police report. She also sufficiently alleges that a crime lab employee did not follow proper procedures in conducting his analysis of the blood found at the scene.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: January 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Fuentes denies Chicago and its police officers’ motion to bifurcate a wrongfully imprisoned man’s claims against them, and also denies the city’s motion to stay discovery until the claims against the individual police have been settled. The wrongfully imprisoned man spent 28 years behind bars for a murder and murder attempt he did not commit because Chicago police deliberately framed him, he says. The court declines to bifurcate the man’s civil rights claims against the police from his Monell claims against Chicago based partly on wanting to conserve “judicial economy” — even if the individual claims against the police fail, the Monell claims against the city implicating them may still stand. This, the court ruled, speaks to the overlap between the defendants both in discovery and litigation.
Court: USDC Northern District of Illinois, Judge: Fuentes, Filed On: December 27, 2023, Case #: 1:23cv4268, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Indemnification, police Misconduct
J. Flanagan grants summary judgment to a North Carolina town and two of its police officers on allegations of malicious prosecution and false imprisonment brought by a motorist who stopped his car in the middle of a street and berated one of the officers. A rail company shut down all but one railway intersection in the town, and police directed traffic as a result of build-up. The motorist, agitated about traffic, stopped his car and got out to say, “Do you know how to do your fucking job?” to an officer. A bystander recorded the interaction from a distance, in which the motorist continued to yell at the officer, who eventually began punching the motorist and attempting to arrest him. Two other officers helped in pinning him to the ground and arresting him. Given the motorist’s behavior, the malicious prosecution and false imprisonment claims fail because the officers had probable cause to arrest him.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 27, 2023, Case #: 5:22cv114, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Reidinger concurs with a jury that a man who was allegedly beaten by police officers, who also allegedly shot and killed his dog during their arrest of the man, is not liable for battery on one of the officers who counter-sued him. The court also found that the six named law enforcement officers have no obligation to the man for their actions. However, the man was found to be liable to one of the officers for $40,000 in compensatory damages.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 17, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Chang partially grants multiple Chicago-area law enforcement officials’ motion for summary judgment on a wrongfully convicted man’s civil rights case. The man spent over 16 years in jail for a murder he didn’t commit after Chicago police fabricated evidence against him. After his conviction was finally vacated the man brought numerous counts not just against the police who worked to put him in jail, but against Chicago, the Cook County State’s Attorney’s Office, the Cook County Sheriff Department and all others who allowed the police to get away with the framing. In the interests of encouraging the parties to settle, the court fully dismisses all claims against several individual police, while allowing other claims for conspiracy, fabrication, malicious prosecution, infliction of emotional distress and indemnification to stand against the city, county and several individual police and higher-ranking law enforcement officials.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: September 30, 2023, Case #: 1:18cv8144, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Emotional Distress, police Misconduct
J. Kness grants a narcotics officer’s motion for summary judgment on a Black Illinois man’s false arrest and malicious prosecution claims. The officer, looking to confirm the identity of and then arrest a Black drug dealer known as “Buzzy,” had another policeman pull over a suspect on a bogus traffic stop. The narcotics officer, after getting the suspect’s name, concluded it was Buzzy and charged the man on drug dealing offenses. At trial, a jury acquitted the man of all counts, and he claimed in his subsequent civil suit that the narcotics cop had accused him of being Buzzy simply because he was another Black man in the same age range. Despite this, the court believes the narcotics officer was justified in charging the man falsely identified as Buzzy, and also finds that the narcotics officer has qualified immunity.
Court: USDC Northern District of Illinois, Judge: Kness, Filed On: September 29, 2023, Case #: 1:20cv5072, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Garaufis finds in favor of the City of Yonkers and a group of city police officers on claims that they falsely arrested and charged a NYPD police officer with shooting his on-and-off again girlfriend with his service pistol during an argument. During the initial interview with authorities, the girlfriend seemed apprehensive around the officer and claimed an unidentified attacker shot her outside her apartment. However, she later changed her story to claim the officer had in fact accidentally shot her with his pistol. Taken as a whole, there was enough evidence at the time to arrest and charge the officer on suspicions of domestic abuse.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 20, 2023, Case #: 1:18cv5353, NOS: Employment - Civil Rights, Categories: malicious Prosecution, police Misconduct
J. Sannes preserves a woman’s false arrest, malicious prosecution and conspiracy claims against the city of Saratoga Springs. She says a local police officer and two officials at the Saratoga Casino Hotel, one of which was the city’s former chief of police, conspired to arrest her on false charges of petit larceny after a casino cashier mistakenly gave her an extra $850 while redeeming her lottery scratch-off tickets. She sufficiently alleges probable cause did not exist for her arrest because the defendants were informed by the local district attorney’s office that it believed no crime had been committed on the belief that the woman herself had asked the cashier to verify the amount, thinking she had received too much.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 29, 2023, Case #: 1:22cv1154, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, police Misconduct
J. Hall grants a motion for judgment on the pleadings and finds in favor of a group of special agents with the Immigration and Customs Enforcement’s Child Exploitation Group of Homeland Security department on a mother’s false arrest, malicious prosecution and failure to intervene claims. She alleges they fabricated evidence that alleged she sexually exploited her five-year-old daughter. The court finds the case presents a new context under the Bivens framework in several aspects which preclude the court from ruling on her claims.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: August 29, 2023, Case #: 1:15cv34, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, malicious Prosecution, police Misconduct
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, police Misconduct
J. Weisman denies a wrongfully convicted man’s motion to name an additional expert in his case against Chicago and the Chicago police. The man, allegedly framed and wrongfully convicted for a double murder, wishes to have a police practices expert testify as part of his case, given the history of Chicago police framing individuals for crimes they did not commit. The court, however, finds that the man’s potential for success at trial would not be diminished by barring said expert, but that adding a new witness would disrupt the planned trial date.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: August 14, 2023, Case #: 1:21cv1159, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Experts, police Misconduct
j. Kovner declines to overturn a jury’s verdict that found New York City liable for Fourth Amendment violations and malicious prosecution claims brought by the owner of a string of city-based pawn shops and awarded the owner $1 million in damages. The jury agreed with the owner’s allegations that New York City Police Department had an official policy or custom of seizing their branches’ respective customer buy books plus customers’ collateral without a warrant or consent following the company’s decision to stop participating in the city’s LeadsOnline program. The court finds the jury’s decision was justified based on the evidence presented at trial, including witness testimony regarding damages that claimed the company’s financial losses during the time were a direct result of the department’s actions.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: July 28, 2023, Case #: 1:13cv1686, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Damages, police Misconduct
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, police Misconduct