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Article • May 15, 2007
Cause Of Action For Monetary Damages Available Under Montana Constitution by The Montana Supreme Court held that the Montana Constitution provided a cause of action for money damages for certain violations of rights guaranteed by the state constitution and that qualified immunity was not available for those committing such violations. …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Article • May 15, 2007
Second Circuit Addresses Time Claim Accrues by The Second U.S. Circuit Court of Appeals affirmed in part and vacated in part a district court order granting summary judgment to the New York City Police Department (NYPD) and various individual defendants for false arrest. Clifton Morris was arrested in 1990 by …
Article • May 15, 2007
Washington: Arrest For Tape Recording Police Unconstitutional, Police Liable by The U.S. Ninth Circuit Court of Appeals held that Washington State Patrol officers unconstitutionally arrested a man for tape recording them during a traffic stop and that the officers were not entitled to qualified immunity. Tony Alford was pulled over …
Article • May 15, 2007
$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …
Article • May 15, 2007
Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 days in the Cook County Jail. Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing to …
Article • May 15, 2007
Regret Expression Issued for Improper Arrest by On December 15, 1995, Texas' Grand Prarie police SWAT team burst into 18-year-old Bryan McMillen's parents' house and put guns to McMillen's head while awaking him from bed. Their purpose was to arrest him for the murder of Adrianne Jones, whose boyfriend said …
Article • May 15, 2007
Filed under: Police, False Arrest
$50,171 for Indiana False Arrest and 30 Hours Confinement by A federal jury in Indiana awarded a woman $30,171 in compensatory damages and $20,000 in punitive damages for false arrest and confinement for 30 hours. On September 19, 2002, Jennifer Wert entered the intersection of Emerson Avenue and I-70 in …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Filed under: Suicides, Police, False Arrest
$2.4 Million Awarded In District of Columbia Jail Suicide by In 1982, a 32 year old District of Colombia (DC) man drove his car into a utility pole after which he was arrested and incarcerated in a DC jail for driving under the influence of alcohol. The man committed suicide …
Article • May 15, 2007
Washington District Court Awards $195,000 For False Arrest, Emotional Distress by In April 1998, the U.S. District Court for the Western District of Washington awarded $195,000 for emotional distress to a man who was wrongfully arrested. The plaintiff, 40 and retired at the time of the March 1997 incident, claimed …
Article • May 15, 2007
Filed under: Police, False Arrest
$10,001 NY False Arrest Verdict Upheld by At 155: . . . [T]he direct physical participation of a defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal. …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Article • May 15, 2007
Undisclosed Settlement in Arizona Mistaken Identity Arrest by Tiburcio Serna Galvan was an agricultural worker when he was arrested in August 1995 in the state of Washington on an Arizona narcotics/traffic warrant. Prior to his arrest, his wallet and identification was stolen. After he was transported to Arizona's Maricopa County …
Article • May 15, 2007
Georgia False Arrest Suit Dismissed by At 1374: This case demonstrates the proclivity of American citizens today to search for legal causes of action to redress every imaginable wrong. As we commemorate the 60th anniversary of the Allied's [sic] invasion of Normandy during World War II, the Court must decide …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Brief • March 4, 2007
Collins v. City of Chicago, IL, Complaint, False Arrest & Excessive Force, 2006 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION JOHN COLLINS, ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF CHICAGO, MICHAEL GARZA, and JEFFREY MAYER, Defendants. No. …
Brief • December 8, 2006
Alley-Barnes v. Sackman et al, WA, Plf Brief in Support Mot to Compel Discovery, police false arrest beating, 2006 1 Hon. Thomas S. Zilly 2 Noted for Friday December 8, 2006 (Without Argument) 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 …
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