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Article • May 15, 2007
Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment by Failure to Ascertain Arrestee's Identity Creates Liability for False Imprisonment The Eleventh Circuit Court of Appeals held that a Macon County, Alabama Sheriff's deputy who failed to make an attempt to obtain information from an arrestee for purposes of …
Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
First Circuit: Win on Plaintiff's Core Claims Merits Attorney Fees by On December 19, 2003 the U.S.. First Circuit Court of Appeals held that a plaintiff who prevailed on his core claims against a Massachusetts police officer was entitled to attorney fees. Plaintiff Phaly Poy, 24, claimed that while at …
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 …
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …
Article • May 15, 2007
Parole Hearing Does Not Estopp False Arrest Suit by The Second Circuit Court of Appeals reversed a district court's grant of summary judgment, holding that the facts found at the plaintiff's parole hearing did not have collateral estoppel effect, and that a genuine issue of fact existed in excessive force …
Article • May 15, 2007
Release-Dismissal Agreement Bars Future Suit by The Seventh Circuit Court of Appeals affirmed a Northern District of Indiana district court's order granting summary judgment, which held that a release agreement dismissing criminal charges in exchange for release from liability in a 42 U.S.C. § 1983 action was valid and barred …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Article • May 15, 2007
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Article • May 15, 2007
Filed under: Police, Police Chases
High-Speed Police Pursuit Did Not Waive State Immunity by The Colorado Court of Appeals has ruled that the state is entitled to immunity under the Colorado Governmental Immunity Act (CGIA), because the evidence in this case supported a finding that police did not endanger life or property in a high-speed …
Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award by The Ninth Circuit Court of Appeals held that a party who obtains a preliminary injunction is a "prevailing party" entitled to an award of attorney fees. This action originated as a 42 U.S.C. 1983 suit claiming that officials of California's …
Article • May 15, 2007
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
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
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Article • May 15, 2007
$8,500 Paid in WA DOC Wrongful Warrant/Arrest Suit by John H. Queener was arrested on May 9, 1989, as the result of a standard warrant search during a traffic stop. The warrant was issued on January 16, 1986 by the Washington State Department of Corrections Community Supervision Office. However, on …
Illegal Search Precludes Policeman's Qualified Immunity; Affirms Plaintiff's Summary Judgment by The U.S. Southern District Court of New York determined that a police Sergeant was not entitled to qualified immunity for an unreasonable strip search. Nicole Sarnicola was arrested for suspicion of dealing drugs and was taken to the Tarrytown …
Attorney Fee Award Under § 1988 Not Recoverable from Nonparty by After a man became a suspect in the murder of a Kentucky state trooper, various police officials raided the man's father's house and arrested all of the occupants, which did not include the man. The occupants filed suit in …
Article • May 15, 2007
Transfer Of Prisoners' Property To Sheriff Illegal by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri sheriff could not legally receive property from a prisoner. Missouri prisoners Charles Hazen and Gerald Hazen (father and son, respectively) brought § 1983 action against state Highway Patrol officers …
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