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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
Denial of Medical Care by Police to Force Confession Illegal by The court of appeals for the Fourth circuit held that a district court erred in dismissing a Virginia jail detainee's claim that he was denied medical care by police detectives attempting to force him to confess to a crime. …
$12,000 Award Against Jail Guard who Witnessed Police Beating and Did Nothing by $12,000 Award Against Jail Guard Who Witnessed Police Beating and Did Nothing The court of appeals for the Fifth circuit affirmed a jury verdict of 112,000 against a policeman who beat a Georgia jail detainee after he …
Officers' Convictions Upheld, One Case Reversed for Sixth Amendment Violation by The U.S. Fourth Circuit Court of Appeals upheld all but one conviction of former law enforcement officers for violating an arrestee's federal civil rights, obstruction of justice, and witness tampering. The court reversed one conviction for violation of the …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
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 …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
Article • May 15, 2007
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Article • May 15, 2007
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
Article • May 15, 2007
General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases by General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases The United States Supreme Court has held that district courts considering 42 U.S.C. § 1983 claims should borrow a state's general or residual statute for …
Article • May 15, 2007
FL Cops Sic Dog On Suspect; Court Remits Damage Award by On January 29, 2003, Broward County sheriff's deputies went to an apartment in Ft. Lauderdale, Florida to arrest Henry Lafavors. Deputy Olarte entered the apartment and deployed a police dog to subdue Lafavors, who sustained numerous dog bites. He …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Article • May 15, 2007
$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest by $250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest A 39 year old California man was beaten to death by police while being arrested for misdemeanor trespass. The deceased man's estate did not participate …
Police Chief Approval of Report Exonerating Brutal Cops is Municipal Policy by Police Chief Approval of Report Exonerating Brutal Cops is Municipal Policy The plaintiff arrestee suffered massive injuries in police custody. The police said he fell down, though the details of their claim changed as the extent of injury …
Article • May 15, 2007
Minor Injury Suit Against Police Dismissed by The plaintiff was forcibly arrested after an hour long stand off with the police, in which he variously threatened suicide and invited the police to kill him while pointing a gun at them. He complained of being beaten in the ambulance taking him …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Article • May 15, 2007
Police Force Claim Not Barred by Heck by The plaintiff's use of force claim is not barred under Heck and Preiser by her guilty plea to resisting arrest. The court is not persuaded by defendants' argument that the punch in the face of which plaintiff complains was the arrest. The …
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