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Article • May 15, 2007
Prior Disciplinary Actions against Police Inadmissible by In a police brutality case, evidence pertaining to prior, unrelated disciplinary actions against the arresting officer is held inadmissible in the absence of a showing of any purpose other than to show that the officer acted in conformity with his character, which is …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
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 …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Article • May 15, 2007
Ill Fitting Jail Clothes Claim Dismissed; Beating Claim Remanded by The plaintiff alleged that he was given a jail jumpsuit that was too long and that caused him to trip and fall downstairs, and that medical personnel tried to move him while his foot was still caught between the stairs, …
Article • May 15, 2007
Police Not Liable for Arrestees Post Surgery Injury by The plaintiff, who had had bowel resection surgery five days previously, was arrested in the hospital and taken to jail. She asked if she could back into the van and sit on the floor and was refused. When she climbed into …
$282,500 Awarded to Elderly Arrestee for Tight Handcuffs by The elderly plaintiff was arrested and handcuffed and complained that the handcuffs were too tight and hurt her hands and that she was handcuffed to bars. The court analyzes her claim under Bell v. Wolfish, does not cite Hudson v. McMillian, …
Article • May 15, 2007
Felony Murder Convict Can't Sue Police for Shooting Him by Under Heck, a convict who was shot by the police during arrest and who was convicted of felony murder for provoking the police to shoot his crime partner could not pursue a § 1983 claim for excessive force insofar as …
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
Article • May 15, 2007
Resisting Arrest Doesn't Bar Excessive Force Suit against Police by It is clearly established that using substantial force without any prior inquiry against an already subdued unarmed and unresisting individual violates the Fourth Amendment. The plaintiff's conviction for resisting arrest does not foreclose the possibility of a finding of excessive …
No Municipal Liability for Police Neck Breaking by A police officer broke the plaintiff's neck. The absence of specific directions about neck holds in the county's policy manual did not establish a policy of deliberate indifference. A single manual can't cover every possible police maneuver. The manual tells officers to …
Lack of Investigations of Police Misconduct Make City Liable by The plaintiff's claim of municipal liability for excessive force is supported by evidence (at 199) that Hartford does not take civilian complaints of excessive force seriously, as shown by a pattern of allowing complaints to molder and gray without adequate …
Police Liable for Hob Tying Death of Arrestee by The decedent was arrested after a high-speed chase and after he tried to flee on foot. He was then sprayed with pepper spray and hog-tied (ankles tied to wrists) and died of positional asphyxia. The municipality did not have a written …
Article • May 15, 2007
Kicking Suspect for Drugs Illegal by The court finds factual issues barring summary judgment with respect to the plaintiff's complaint of excessive force during arrest, and finds the defendant officers not entitled to qualified immunity with respect to kicking him for 53 seconds as he lay on the ground. At …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
Police Beating Award Reduced by An award of $400,000 in compensatory damages was excessive in a police abuse case involving egregious misconduct but only soft tissue injuries. Punitive awards of $625,000 for excessive force and $650,000 for abuse of process (for which nominal damages were awarded) were excessive. The court …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
Prior Evidence of Brutality Admissible in Police Trial by The defendant police officers were prosecuted for brutalizing a civilian. The court properly admitted a prior incident in which one of the officers, while off duty, had abused another person who had confronted him. The evidence was admissible because it went …
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