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Brief • January 20, 2009
Filed under: False Arrest
Cameron v. Rivera, NY, Brief, False Arrest, 2009 JURISDICTIONAL STATEMENT 1. Jurisdiction existed in the District Court (Crotty, J.), pursuant to 28 U.S.C. §§ 1331 and 1343, because the action involved claims brought pursuant to 42 U.S.C. § 1983. 2. This Court has jurisdiction, pursuant to 28 U.S.C. § 1291, …
Illinois War Veteran Awarded Over $2 Million For Malicious Prosecution by Illinois resident and retired Marine Timothy Finwall brought a 42 U.S.C. § 1983 action against the City of Chicago, two of its detectives and resident Mary Boswell for illegal, unethical and malicious prosecution. He was framed in 2001 for …
Article • January 15, 2009
L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …
Article • January 15, 2009
Connecticut Police, City Liable For Withholding, Doctoring Evidence In False Arrest by Connecticut resident Christopher Russo appealed the dismissal of his 42 U.S.C. § 1983 action after being falsely arrested and imprisoned for over seven months. He was acquitted after police were forced to present exculpatory evidence. The ruling was …
Illinois Federal Jury Awards Record $15.5 Million in False Arrest Case by Matthew Clarke by Matt Clarke On December 20, 2007, an Illinois federal jury awarded a record amount in a civil rights case for false arrest – $15.5 million. The damage award was against the sheriff of Will County, …
Maricopa County Special Prosecutor Padded Résumé, Law Partner Quits by Matthew Clarke by Matt Clarke Regular readers of PLN are familiar with Sheriff Joe Arpaio of Maricopa County, Arizona, who bills himself as “America’s Toughest Sheriff.” [See, e.g., PLN, March 2007, p.14]. Dennis Wilenchik, a private attorney known as “Arpaio’s …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Article • October 15, 2008 • from PLN October, 2008
$45,000 Awarded to Probationer Subject to Overzealous Probation Officer by $45,000 Awarded to Probationer Subject to Overzealous Probation Officer An arbitrator awarded Washington State probationer Mark S. Rice $44,515 in a claim alleging negligence, emotional distress, and aggravation of a preexisting elbow injury. Washington Department of Corrections Community Corrections Officer …
Article • September 15, 2008 • from PLN September, 2008
$250,500 Verdict for False Imprisonment at Florida Jail by A federal jury from the Middle District of Florida awarded $250,500 to a man who claimed he was falsely imprisoned by the misuse of a Florida law – the Marchman Act – that permits the civil detention of persons who are …
Article • August 15, 2008
Washington Prisoner Gets $1,750 for Damages to Car by Tony Heiman, a Spokane County, Washington prisoner, was the subject of a warrant for misdemeanor assault. But since a cop gave the court the wrong address for Heiman, he wasn't served with the warrant. He was later arrested in Seattle and …
Article • August 15, 2008
Filed under: Protests, Police, False Arrest
Seattle Police Settle World Trade Organization Protest Wrongful Arrest Suit for $1,000,000 by In October of 2000, Kenneth Rankin, Denise Cooper, Jennifer Hudziec and Stephanie Lane, all Washington state residents, filed a class action in federal court challenging the constitutionality of their arrest by Seattle, Washington police during a protest …
Article • August 15, 2008
$271,000 in Awards Stemming From FBI Harassment Arrest by Former U.S. Marine Julian C. Lee, 30, was pulled over by San Diego Sheriff Deputies on his way to the supermarket, and he was ordered out of the car at gunpoint and arrested. He was arrested on an outstanding criminal warrant …
Article • August 15, 2008
Filed under: Police, False Arrest
CA Man Wrongly Jailed Wins $90,000 in Civil Rights Action by Maurice Goodman, a Black San Mateo County, CA paralegal and coach of a youth football team, was in Salinas, CA. with his team for a weekend game. He was stopped outside his motel room and harassed by Salinas police …
Article • August 15, 2008
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
Article • August 15, 2008
Maine Jail Not Liable for Strip Search Policy by The plaintiff was arrested for an unpaid traffic fine, which in fact had been paid, and was strip-searched on admission to the jail. Nobody could be held liable for this, since there was no evidence of a municipal custom. Though the …
Article • August 15, 2008
Resisting Arrest Conviction Does not Bar Beating Suit by A conviction for resisting arrest did not bar a claim for excessive force during arrest under the rule of Heck v. Humphrey, since the lawfulness of the arrest (an element of the criminal offense) need not be negated for the plaintiff …
Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
Article • August 15, 2008
$390,000 Settlement in Unlawful Arrest Warrant by New Jersey’s Essex County settled a claim against it that alleged a prosecutor was “plainly incompetent” for procuring and executing an arrest warrant. The case settled for $390,000 prior to a damages trial. The plaintiff’s false arrest claim came after the Essex county …
Article • August 15, 2008
Illinois Police Brutality Suit Settles for $180,000 by The City of Waukegan (Illinois) settled a civil rights action against police for $180,000 after the 2005 macing and beating of concerned citizen Rogelio Rios Castillo. Castillo verbally tried to prevent police from excessively beating an arrestee in front of his home. …
Phoenix New Times Executives Arrested for Reporting About Sheriff Joe Arpaio by Matthew T. Clarke by Matt Clarke On the night of October 18, 2007, Michael Lacey and Jim Larkin, founders and owners of the Phoenix New Times, an independent weekly publication in Phoenix, Arizona, were arrested and charged with …
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