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Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
Article • May 15, 2007
Texas: Fifth Circuit Reinstates Epileptic Prisoner's Federal, State Claims by In this appeal by an epileptic individual who suffered a seizure in the Kerr County (Texas) Jail, the U.S. Fifth Circuit Court of Appeals held that fact issues precluded summary judgment of his federal claims and that he stated causes …
Article • May 15, 2007
Judicial and Good Faith Immunity Available under § 1983 by Judicial and Good Faith Immunity Available under § 1983 The United States Supreme Court held that the Civil Rights Act did not abolish the traditional immunity accorded to judges for acts within their judicial role, and that police officers can …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
Article • May 15, 2007
$282,500 Awarded in NY False Arrest and Beating Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to …
Article • May 15, 2007
Filed under: Police, False Arrest
Imprisonment Precludes Prisoner's False Arrest Suit by The plaintiff, detained in jail without bail on drug and weapons offenses, was arrested for assaulting another prisoner. The grand jury refused to indict. The plaintiff sued for false arrest. At 283: "Since plaintiff would have been in custody anyway, he cannot state …
Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …
Article • May 15, 2007
Fifth Circuit Upholds Damages in Strip Search Suit by The three plaintiffs (along with about 100 others) were detained for about three hours and strip searched during the execution of a search warrant at a night club. The strip searches were unlawful absent individualized reasonable suspicion or probable cause (the …
No Remedy for Mexican Doctor Kidnapped, Tortured by DEA by The plaintiff, a Mexican physician, was believed by Drug Enforcement Administration officials to have assisted in the interrogation and torture of a DEA agent in Mexico, and was indicted in California. The DEA hired Mexican nationals to seize him and …
Article • May 15, 2007
No Qualified Immunity Despite Lack of Case Law for False Arrest by A motel guest parked his large truck in front of his room, which the management did not approve of, and refused to move it. The manager called a deputy sheriff who, when the guest did not answer his …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Article • May 15, 2007
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants by The U.S. Second Circuit Court of Appeals, vacating and remanding a New York district court decision, held that the district court judge abused her discretion in refusing to appoint counsel for an indigent civil litigant. Allen Hodge was arrested …
Article • May 15, 2007
Police Officer May Be Liable for Failing to Disclose Exculpatory Evidence to Prosecutor by Police Officer May Be Liable For Failing to Disclose Exculpatory Evidence to Prosecutor The Fifth Circuit Court of Appeals held a police officer can be liable under 42 U.S.C. § 1983 claims of false detention and …
Article • May 15, 2007
Georgia Man Falsely Arrested by Bond Agent Awarded $5,172 by On December 3, 2002, a man jailed after being mistakenly identified by a bond agent was awarded $5,172 in damages by a superior court in Fulton County, Georgia. Plaintiff Charles Leeks was arrested at his place of employment by an …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Article • May 15, 2007
$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …
Article • May 15, 2007
$12,000 Paid in D.C. Prisoner's Beating by Guard by Jeffrey Jones was arrested for disorderly conduct in the District of Columbia. A prison guard beat him and hung him on the wall by his shorts for no reason. Jones sustained a broken jaw and broken ribs, and when he was …
$2,500 Awarded in Pennsylvania False Arrest Claim by The plaintiff in this case alleged that Wackenhut Corrections Corporation falsely imprisoned him due to mistaken identity, and failed to immediately release him when it was informed of the mistake by a parole officer. Plaintiff was stopped for a traffic violation in …
Article • May 15, 2007
$10,000 Florida Jury Award for Injunction and Confinement by False Claim by On June 10, 2002, a Florida jury awarded a man $10,000 against his ex-wife for 191 days of imprisonment caused by her false accusations. Caryl and Marilyn Brown were being divorced in 1988. She falsely claimed he made …
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