152 results for 'cat:"Malicious Prosecution"'.
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
J. McDonough grants the sheriff's department defendants' summary judgment motion in this lawsuit brought by a former probation officer asserting claims of malicious prosecution and false arrest, in connection with her alleged arrest on charges of "official misconduct." The charges were dismissed against the former probation officer, but she fails to show that certain incident reports were false or that the defendants "intentionally or recklessly falsified the reports."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: April 24, 2024, Case #: 4:22cv44, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution
J. Wood rules in favor of the city, police colonel and police chief in a malicious prosecution action brought by the individual arising from his arrest for swinging a bottle towards the colonel. The assault, terroristic threats and disorderly conduct charges against the individual were eventually dismissed. The colonel and the police chief are entitled to qualified and official immunity. The colonel had probable cause to arrest the individual and the police chief cannot be held liable under supervisory liability. There is no evidence that either the colonel or police chief acted with actual malice or an actual intent to harm the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: April 23, 2024, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution
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J. Perez-Montes grants a request by a former district attorney to stay discovery in the malicious prosecution and false imprisonment suit by a criminal defendant who spent 44 years in prison for two rapes committed in 1977. His conviction was overturned and the current prosecutor declined to re-try him. The former district attorney has shown good cause to stay discovery of the sole remaining charge against him – fabrication of evidence – pending other requests regarding immunity. The defendant-turned-litigant will not be disadvantaged by the stay of his suit.
Court: USDC Western District of Louisiana , Judge: Perez-Montes, Filed On: April 18, 2024, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Immunity, Discovery
J. Wiley finds that the trial court erred in denying an employer's special motion to strike a former employee's malicious prosecution complaint. The employer cannot be sued for malicious proscution because the former employee faced criminal charges for property destruction only after police conducted their own investigation, fully independent of the employer's. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 18, 2024, Case #: B324368, Categories: Anti-slapp, malicious Prosecution
[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. Baker finds that the trial court properly allowed an investment fund to first plead its affirmative defense of judicial estoppel on an investor's malicious prosecution claim after the pretrial deadline. However, it was error to grant the fund's motion for summary judgment since the investor's claim did not accrue until an underlying federal bankruptcy suit was dismissed and the claim was assigned to the investor. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 2, 2024, Case #: DA 23-0246, Categories: Bankruptcy, Civil Procedure, malicious Prosecution
Magistrate David dismisses malicious prosecution claims brought against a credit card company that obtained judgment for failure to pay debt because the fourth element for malicious prosecution was not present since the judgment went against plaintiff.
Court: Delaware Chancery Court, Judge: David, Filed On: April 1, 2024, Case #: 2023-0536-BWD, Categories: malicious Prosecution
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
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. Wicker finds that the trial court properly granted attorney defendants' exceptions of no cause of action in a case alleging a property at issue in an underlying succession suit was sold without notice and without paying the decedent's sons their half of the sale proceeds in accordance with the decedent's will. The defendants include the attorneys in the underlying case. Therefore, the sons were required to show that the attorneys acted with a "specific malice to personally inflict direct harm upon his client’s adversary and with full knowledge that his conduct would cause such harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 20, 2024, Case #: 23-CA-297, Categories: Civil Procedure, malicious Prosecution
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. Thrash partially grants the bar patron's motion to amend a battery, assault, malicious prosecution and civil rights action against the county and police officers arising after officers who worked security at a bar allegedly pushed him down a staircase, slammed him to the ground and broke his neck. Two companies are dropped as defendants in the action. The officers failed to show that the patron should not be allowed to modify factual allegations which do not contradict those in the original complaint. The patron's motion to amend is denied as to the removal of references to a security video which appear in the original complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 13, 2024, Case #: 1:22cv883, NOS: Other Civil Rights - Civil Rights, Categories: malicious Prosecution, Assault
J. Doyle finds that the trial court properly granted the ex-husband's and other individuals' motions to dismiss the ex-wife's action with respect to her claims for false-light invasion of privacy, false imprisonment, emotional distress and damage to reputation. The action arose after the ex-husband and others allegedly planted evidence and made false statements to police which led to the ex-wife's arrest for sexual exploitation of children. The charges against her were dismissed. The trial court incorrectly dismissed the ex-wife's malicious prosecution claim on the basis of interspousal tort immunity. The couple was already separated and the actions underlying the complaint were allegedly committed to injure the ex-wife during the divorce proceedings. There was no marital harmony to preserve and no fear of collusion between the parties. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1310, Categories: malicious Prosecution, Privacy
J. McFarland denies, in part, the town's motion to dismiss, ruling the allegation it allowed its police chief to arrest the homeowners without the authority to do so creates a plausible civil rights claim against the town under the theory of ratification. Additionally, the assault and battery claims against the former chief of police in his individual capacity will proceed because the allegations made by the homeowners, including that one was pepper sprayed twice after being thrown to the ground, are sufficient to establish the elements of the claims.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 12, 2024, Case #: 1:22cv635, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, malicious Prosecution
J. Brasher finds that the district court improperly ruled in favor of the detective in a civil rights and malicious prosecution action brought by a citizen arrested by a detective for the murders of the man’s mother and stepfather. The individual spent a year in jail until the charges were dropped and another person was charged with the offenses. The detective omitted the full timeline of events from the arrest warrant affidavit, including the fact that the mother and stepfather were not killed until at least seven hours after the individual was last inside the house. A corrected version of the affidavit would not have established arguable probable cause for the individual’s arrest. A reasonable jury could find that the detective intentionally or recklessly left information out of the affidavit that exonerated the individual. Reversed.
Court: 11th Circuit, Judge: Brasher, Filed On: March 11, 2024, Case #: 22-13258, Categories: Civil Rights, malicious Prosecution
J. Sannes preserves a Black man’s amended civil rights complaint alleging he was wrongfully convicted of rape and sentenced to 16 years in prison. It was discovered later that an assistant district attorney involved in the case coerced the victim into changing whom she believed was the attacker following a lineup procedure. The court finds the assistant district attorney is not entitled to prosecutorial immunity because his duties at the time were investigatory, not prosecutorial, and the county is vicariously liable for his actions. The court also preserves a cross-claim filed by the city of Syracuse against the county and the ADA for contribution, apportionment and indemnification.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: March 11, 2024, Case #: 5:22cv1241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, malicious Prosecution, Immunity
J. Kelety finds that the trial court properly relied on the adverse judgment rule to toss a malicious prosecution claim. The bar patron had a full and fair opportunity to litigate his credibility claim against his accuser, the director of security, in an underlying criminal assault case. The patron also failed to provide legal support for his unfair competition allegation that he was kicked out of a bar because of his race. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: March 7, 2024, Case #: D081549, Categories: malicious Prosecution, Unfair Competition
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