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No Liability for Shooting Suicidal, Armed Jail Prisoner by The plaintiff was arrested and tried to kill himself. He was handcuffed to a wall on the police station booking area for observation, and set fire to his clothing while so restrained. He expressed more suicidal thoughts at the hospital where …
Records Unsealed, Doors Re-opened to Proceedings in Maryland Police Shooting Settlement by Maryland newspaper The Baltimore Sun (Sun) sought reversal of a 1999 court order closing courtroom doors and sealing records in a civil settlement for wrongful death following a shooting by police. On a writ of certiorari, the appellate …
Article • December 15, 2007
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland agreed to pay $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Bureau. On August 22, 2002, President Bush visited Portland, Oregon. As a Republican fundraiser was …
Article • December 15, 2007
$750,000 Settlement Reached In Virginia Police Abuse Case by A Virginia Commonwealth resident (Walker) was seriously injured by police during the use of excessive force. Police thought he was a rape suspect and shot him and then beat him with a nightstick. Walker brought suit which was settled prior to …
Article • December 15, 2007
Tennessee Act Exempts Only Pending Investigative Materials From Public Disclosure by City of Memphis Police Department Director, John Holt, sought reversal of a Tennessee Court of Appeals affirmation of an order allowing closed investigative file access to the Memphis Publishing Company (media). The order was affirmed. A shootout ensued in …
Juvenile Adjudication May Not Preclude Force Claim in Police Shooting by The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force …
Article • May 15, 2007
Qualified Immunity to Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that the …
Article • May 15, 2007
CA Guard Granted Qualified Immunity for Shooting Prisoner in Yard Fight by The Ninth Circuit Court of Appeals held a guard who shot a prisoner during a disturbance on the prison yard is entitled to qualified immunity. While at the California State Prison in Sacramento, the prisoner was standing three …
Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …
Article • May 15, 2007
Prisoner Convicted of Self-Inflicted Gunshot Wound by Georgia's Fourth Division Court of Appeals has confirmed a conviction against Deiante Walton for possession of a weapon and criminal use of a firearm with an altered identification number. While detained at Georgia's Wilkes County Jail, Walton conceived a plan he hoped would …
Article • May 15, 2007
Supreme Court Issues Use Of Force Standard In Riot Cases by The U.S. Supreme Court held that the shooting of an Oregon prisoner by prison officials during a security action did not violate his Fight Amendment rights. The prisoner filed suit under 42 U.S.C. Section 1983 alleging that he was …
Jail Prisoner's Shooting Suit Estopped by Fruad Conviction from Incident by The plaintiff's claim that he was shot in jail by other prisoners is collaterally estopped by his conviction for fraud arising from the same incident (the government's theory being that he staged his own shooting so he could bring …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Article • May 15, 2007
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard by The U.S. Supreme Court held that the use of deadly force in apprehending a fleeing suspect was a seizure under the Fourth Amendment and that a Tennessee law allowing police officers to use deadly force against a fleeing suspect …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
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