620 results for 'cat:"Police Misconduct"'.
J. Dillon grants the officer's motion to dismiss a civil rights complaint stemming from an incident in which a motorcycle rider led police on a chase that ended with him smashing into an officer's vehicle, killing the rider. The officer is entitled to immunity because his use of force, moving his vehicle in a way that it would absorb the impact of the speeding motorcycle, was to end a high-speed chase that endangered the public.
Court: USDC Eastern District of Virginia, Judge: Dillon, Filed On: September 20, 2024, Case #: 7:22cv284, NOS: Other Civil Rights - Civil Rights, Categories: Vehicle, Immunity, police Misconduct
J. Hall partially grants the city's and supervisor's motion to dismiss a civil rights, negligent training, malicious prosecution and emotional distress action brought by the couple. The husband was indicted for murder and spent two years in jail based on a detective's testimony. Information provided by the detective was later contradicted by her body-camera footage and other surveillance video. The couple failed to sufficiently allege a policy, practice or custom allowing city employees to alter material exculpatory evidence. The couple also failed to show the supervisor knew her training was insufficient or caused employees to violate constitutional rights. However, the couple sufficiently alleged that a policy of suppressing exculpatory evidence caused the husband's alleged constitutional violation.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 19, 2024, Case #: 4:23cv261, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, police Misconduct
J. Sweeney denies the city dismissal of claims contending a police officer who had been placed on leave attacked a woman in their apartment complex, resulting in a traumatic brain injury, because he identified himself as a police officer, showed his badge, and told her she was being arrested for assaulting a police officer.
Court: USDC Colorado, Judge: Sweeney, Filed On: September 18, 2024, Case #: 1:23cv1241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, police Misconduct
J. McCafferty denies in part a police department’s motion to dismiss claims brought against it by a man who served time in prison after a traffic stop where he was accused of assaulting the arresting officers. The man alleges that withholding the arresting officers’ disciplinary records is illegal, and to make a claim of federal conspiracy, it is not necessary to show that the conspiracy was motivated by “discriminatory animus.”
Court: USDC New Hampshire, Judge: McCafferty, Filed On: September 18, 2024, Case #: 1:23cv500, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Public Record, police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Alonso partially grants the defendant Illinois suburb, suburban police and suburban car dealers’ motions to dismiss the plaintiff Florida car rental company and its owner’s claims for fraud, tort, false arrest and indemnity. The Florida car rental company owner paid for a car from the Chicago suburban dealers in April 2023 using a check from a third party financing company. But when he arrived in the Chicago suburbs to pick up the vehicle, the dealers tried to subject him to a credit check and make him finance the purchase of the vehicle in-house. They also clandestinely called the local police, who arrested the rental company owner for claims he tried to buy the car with a bad check — despite the rental company owner showing police evidence the check was valid. The company owner never received the car he paid for either, and the incident marred his credit line with the third-party financing company. From the rental company owner’s subsequent lawsuit, the court finds he has failed to allege his fraud and tort claims against the suburban car dealers, but will allow his false arrest and indemnity claims against the Illinois suburb and its police to move forward.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: September 18, 2024, Case #: 1:24cv741, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Indemnification, police Misconduct
J. Morrison preserves the bulk of claims asserted in a civil rights complaint against Nassau County stemming from the arrest of a 71-year-old resident in the front of his house after he allegedly became irate due to what he perceived was the police department’s failure to investigate his claims that his home was burglarized several weeks prior. The court is unable to determine, based on the facts of the case and surveillance footage from a porch camera, whether he had smacked one of the officers’ hand during the incident and thus established cause for his arrest on charges of harassment and assault.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: September 18, 2024, Case #: 2:18cv819, NOS: Other Civil Rights - Civil Rights, Categories: Assault, police Misconduct
Per curiam, a panel of the Third Circuit finds that the district court properly dismissed a man’s appeal against three state troopers after they engaged in an undercover operation that the man describes as entrapment. The man did not present a substantial question on appeal and failed to file his motion within a reasonable time. Affirmed.
Court: 3rd Circuit, Judge: Per curiam, Filed On: September 17, 2024, Case #: 24-2054, Categories: Civil Procedure, police Misconduct
J. Collins finds that the district court properly granted qualified immunity based on the “clearly established law” prong of the qualified immunity test with respect to the force that officers used to secure an individual in handcuffs. However, the individual also alleged that one officer kneeled on his upper back and neck after he claimed it was difficult for him to breathe. The district court’s grant of qualified immunity to that officer is reversed. Affirmed in part.
Court: 9th Circuit, Judge: Collins, Filed On: September 16, 2024, Case #: 21-15521, Categories: Immunity, police Misconduct
J. Volk denies the Summers County sheriff's motion to dismiss him from a couple's civil rights complaint claiming his deputies unlawfully entered their home and detained them while searching for their son wanted on an outstanding warrant for domestic assault. The sheriff cannot claim qualified immunity, since not only are the facts on the warrant in dispute, but also the deputies lacked any special circumstances to enter the couple's home.
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: September 16, 2024, Case #: 5:23cv628, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, police Misconduct
J. Cain finds a clinic was negligent in mislabeling the urine specimen of a 10-year-old child, resulting in her brother being wrongfully accused of her rape and “harshly interrogated, threatened, labelled, shunned and shamed.” Evidence and testimony at a two-day bench trial shows the clinic’s breach of care in handling urine samples was the cause of the girl’s severe trauma, her brother’s mental and emotional anguish, and the continuing adverse effects of the ordeal on their family. They are awarded a total of $500,000 in damages.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 16, 2024, Case #: 2:20cv1284, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Negligence, Medical Malpractice, police Misconduct
J. Auld grants two police officers’ motions for summary judgment following allegations of false imprisonment brought by a driver after the officers arrested him on suspicion of marijuana distribution. The officers did find evidence of their suspicions including marijuana, scales and a handgun. Although the criminal charges leveled at the driver were ultimately dropped and expunged, the officers are still granted summary judgment because they lawfully pulled him over and arrested him on suspicion.
Court: USDC Middle District of North Carolina, Judge: Auld, Filed On: September 16, 2024, Case #: 1:23cv208, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, police Misconduct
J. Boyle grants several police officers’ motions for summary judgment following allegations of excessive force and unlawful arrest after they shot and killed a man who was spending time at his cousin’s house. It is unclear whether the man was drunk, having a mental health issue or both when he called 911 reporting that he was “bleeding out” and that if police were sent, he would shoot at them. The representative of the man’s estate argues the police did not follow a mental health crisis intervention procedure when they approached the man’s vehicle — which the man was inside of and had lit on fire — with a SWAT team in formation and guns drawn. When the man aimed what all the officers believed to be a shotgun at one of them, they shot him multiple times, killing him. Although they did not follow the intervention procedure, the officers have qualified immunity and acted within the scope of their positions when they fired on the man because he had aimed what was understood to be a deadly weapon at them.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: September 16, 2024, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms, police Misconduct
J. Jackson grants a request by an alleged rape victim to exclude from trial as "untimely and improperly disclosed," the testimony of three forensic scientists for her accused attacker, the former assistant warden of Louisiana’s maximum-security prison. The prison official seeks to introduce the expert testimony and a lab report to show the physical injuries suffered by the non-inmate woman “were caused by someone else,” according to the ruling. Such evidence and argument has already been “categorically” barred because the accused prison official “has put forward nothing that would support such a conclusion.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 13, 2024, Case #: 3:17cv1791, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Experts, police Misconduct
J. Fallon denies summary judgment to a suburban parish sheriff seeking to dismiss a black former deputy’s race-based complaint he was forced to resign because of badgering, humiliation and harassment by fellow deputies and ranking officers. The sheriff unpersuasively argues that because the deputy submitted a complimentary letter and spoke highly of his time in a patrol district, he is unable to prove constructive discharge. Those statements “do not negate the ongoing issues” the black deputy had with the sheriff’s office. Other statements in multiple emails and deposition testimony allege “targeting and harassing” by his supervisors calculated to force his ouster, including the allegedly improper stripping of his status as a field training officer.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 13, 2024, Case #: 2:22cv165, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, police Misconduct
J. Castel dismisses the arrestees’ Monell claim against the City of New York from their complaint alleging that the former police officer fabricated evidence against them, leading to their convictions for various crimes that were later vacated. They allege that more than 250 convictions have been vacated due to the officer’s actions. However, the named plaintiffs do not include sufficient details about their own arrests and convictions and many of the other convictions they cite were not vacated due to fabricated evidence. They have failed to show that the other cases are similar enough to their own to demonstrate a policy or practice by the NYPD.
Court: USDC Southern District of New York, Judge: Castel, Filed On: September 13, 2024, Case #: 1:22cv7345, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, police Misconduct
J. Porter finds that the district court properly dismissed a former Philadelphia police officer’s civil rights action against Philadelphia District Attorney Larry Krasner and an assistant district attorney due to prosecutorial immunity. While the officer alleged that Krasner was politically motivated to take him to court for killing a fleeing dirt bike driver, the officer’s complaint provides no detailed allegations of investigative prosecutorial conduct — the officer’s only possible path to overcome immunity. Affirmed.
Court: 3rd Circuit, Judge: Porter, Filed On: September 12, 2024, Case #: 23-2049, Categories: Civil Rights, Immunity, police Misconduct
J. Fitzwater dismisses a law student’s wrongful arrest lawsuit. A law student claims a police officer wrongfully stopped him, citing a law that doesn’t exist, and that he and other officers used excessive force against him, wrongfully arrested him and forced him to give a blood sample to try to prove a DUI in an attempt to justify the arrest. The law student’s claims against the police officers are barred by qualified immunity, as the officers’ conduct was objectively reasonable. The student’s claims against the city and the police chief are also dismissed. The student is given leave to amend his pleadings.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: September 12, 2024, Case #: 3:23cv1423, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Rights, Immunity, police Misconduct
J. Kinkeade accepts most of the recommendations of a magistrate judge and allows a property owner to add claims against new defendants to her wrongful foreclosure lawsuit. Among these are fraud claims against two individuals she claims tricked her into signing over the deed to her home as well as wrongful arrest and excessive force claims against several law enforcement officers. The property owner claims she was falsely arrested on the allegation she abused 911, resulting in her being detained for 11 days, and all the while her dog was locked in its kennel and almost died. The magistrate judge’s recommendation to move the case back to state court is not accepted, however, as the false arrest claims create federal question jurisdiction.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: September 11, 2024, Case #: 3:23cv1837, NOS: Foreclosure - Real Property, Categories: Fraud, Foreclosure, police Misconduct
J. Douglas dismisses the officer's appeal. Austin police officers restrained and Tased the suspect following a high-speed chase precipitated by the suspect's failure to dim his headlights. The suspect exclaimed he was suffering heart failure as he was being restrained, and that he could not breathe. He died a few minutes later. The suspect's family filed suit alleging excessive force and bystander liability, and the district court denied the officer's motion for qualified immunity-based summary judgment. A fact dispute exists as to whether the suspect was visibly undergoing a medical emergency when the officer who had applied force to his arms and head arrived. The officer fails to raise pure legal issues, challenging only factual findings, and failing to invoke the circuit's interlocutory jurisdiction.
Court: 5th Circuit, Judge: Douglas , Filed On: September 10, 2024, Case #: 23-50696, Categories: Evidence, Wrongful Death, police Misconduct
J. McMahon finds in favor of the police officers against the brother's complaint alleging that the police officers wrongfully and fatally shot decedent after the brother called the police to handle a situation between decedent and his wife. Although decedent did not actually have a weapon at the time of his death, there was a bulge in his pocket and multiple people, including the brother, said that he had a knife when he confronted his wife. Also, the police officers were not required to give a warning before shooting.
Court: USDC Southern District of New York, Judge: McMahon, Filed On: September 9, 2024, Case #: 1:20cv7798, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, police Misconduct
J. Gilliam Jr. grants qualified immunity to an Arcata police officer who was involved in a fatal shooting. Decedent was armed with a pistol, causing the officer to shoot him with several pepperball projectiles. Decedent responded by drawing a pistol from his hip and firing at the officers on the scene, one of whom shot and killed the suspect after he opened fire. The officer who shot the pepperballs attempted to use non-lethal force against an armed man that was acting erratically and refusing to follow officers' commands, entitling him to immunity. Claims against other officers involved in the shooting proceed.
Court: USDC Northern District of California, Judge: Gilliam Jr., Filed On: September 6, 2024, Case #: 4:22cv19, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, police Misconduct