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Baltimore Settles Officers’ Lawsuit in Rogue Unit Scandal by The City of Baltimore has issued an apology and agreed to a $290,000 settlement in a lawsuit filed by two Baltimore police officers wrongfully accused of illegal acts related to a rogue police unit. The City’s rare public apology was a …
$16,000 Awarded in Father's Day False Arrest by On November 30, 2005, John McHenry of Delaware County, Pennsylvania was awarded $1,000 in compensatory damages and an additional $15,000 in punitive damages as a result of his civil rights suit for false arrest. On June 16, 2002, Father's Day, McHenry was …
Article • January 15, 2009
$500,000 Settlement In Shooting Death of Mentally Ill Individual by The Sheriff of Franklin County, Ohio agreed to settle a suit concerning the shooting death of a mentally ill individual for $500,000. Nasir A. Abdi, a Somali immigrant, had a history of mental illness. When Abdi failed to comply with …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Beecham v. City of West Sacramento, CA, Motion for Partial Summary Judgment, Police Excessive Force, 2008 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 1 …
Pochoda v. Arpaio, AZ, Complaint, Unlawful Arrest, 2008 1 2 3 4 5 Joel B. Robbins, Esq. (011065) Anne E. Findling, Esq. (010871) ROBBINS & CURTIN, p.l.l.c. 301 East Bethany Home Road, Suite B-100 Phoenix, Arizona 85012 Tel: 602/285-0100 Fax: 602/265-0267 joel@robbinsandcurtin.com 6 7 8 IN THE SUPERIOR COURT OF …
Article • December 15, 2007
Arresting Protestors Without Warrant Verdict Upheld by The Court of Appeals for the District of Columbia affirmed a jury verdict finding the class plaintiff's rights were violated when they were arrested on the U.S. Capitol steps without warrant. The class plaintiffs, who were Congressman Ronald V. Dellums, engaged in a …
Article • May 15, 2007
Municipal Judge Not Policy Maker in Arrestee's Toilet Denial Suit by The Tenth Circuit Court of Appeals held that a municipal judge does not act as a policy maker to impute liability against a city. The pro se plaintiff in this case filed a 42 U.S.C. § 1983 action alleging …
Article • May 15, 2007
No Due Process Violation for False Arrest on Valid Warrant by The U.S. Supreme Court held that a §1983 action in which Respondent alleged his right to due process was violated by a faulty arrest did not state a claim since the arrest was pursuant to a valid warrant. After …
Article • May 15, 2007
Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
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 …
$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 • December 15, 2003
Fourteenth Amendment Not Violated By Arrest Without Probable Cause by The U.S. Supreme Court held that an arrestee's allegation that his arrest without probable cause violated substantive due process did not state a claim under 42 U.S.C. § 1983. The petitioner surrendered to police upon issuance of a warrant charging …
Article • December 15, 2003
Filed under: Police, Arrest Warrants
Police Supervisors Must Actually Read Search Warrants by At 990: The officers who lead a team that executes a warrant are responsible for ensuring that they have lawful authority for their actions. . . . They must actually read the warrant and satisfy themselves that they understand its scope and …
Article • December 15, 2003
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest by The U.S. Supreme Court held that probable cause determinations for warrantless arrests must be conducted within 48 hours, regardless of intervening weekends or holidays. Donald McLaughlin. brought 42 U.S.C. § 1983 action against Riverside County (California) and county officials …
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