6 results for 'judge:"Larimer"'.
J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Larimer allows heirs of a parole officer who had been shot in the arm, head, and abdomen by police colleagues, allegedly during a "wellness check," to continue certain claims in an action alleging wrongful death, excessive force, and other causes of action, because police were acting in their official roles, not as private citizens, when they called in the wellness check. However, the heirs failed to plausibly allege police officials conspired to punish the parole officer for having brought discrimination and harassment claims against the department of corrections and department employees.
Court: USDC Western District of New York, Judge: Larimer, Filed On: March 27, 2024, Case #: 6:18cv6712, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Larimer rules in part for the city in claims contending police falsely arrested plaintiff after he fled from an officer during a traffic stop in which a handgun was found in his car. Whether the stop was supported by probable cause remains unclear since body camera footage did not indicate the vehicle had been drifting out of its lane without signaling. However, whether the arresting officer or another officer found the gun in the vehicle does not matter, and plaintiff failed to state a proper conspiracy claim.
Court: USDC Western District of New York, Judge: Larimer , Filed On: November 28, 2023, Case #: 6:21cv6683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Larimer rules in part for a company accused of reducing cashiers' hours and rescheduling them for complaining that a manager drew sexually explicit pictures of them. The right to sue letter from the equal employment opportunity commission was not conclusively received by a certain date, so the complaint is not time-barred, but evidence does not indicate a second manager took part in any harassment.
Court: USDC Western District of New York, Judge: Larimer , Filed On: June 1, 2023, Case #: 6:23cv6053, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment