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Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Article • May 15, 2007
Liability for Sheriff's Hiring Decisions by The United States Supreme Court held that a county is not liable for a sheriffs decision to hire a reserve deputy without adequate screening. While driving from Texas to their home in Bryan County, Okalahoma, Jill Brown (respondent) and her husband approached a police …
NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable by NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable In 1997, John Williams was a New Jersey state parolee. His parole officer arrested him for changing jobs without permission and …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
Article • May 15, 2007
Requesting Party May Be Required to Pay Discovery Copying Costs by An African-American state trooper alleged employment discrimination. The magistrate judge should not have required defendants to produce photocopies of five years worth of personnel files of other officers; it was sufficient to produce two years' worth for review. Rule …
Article • May 15, 2007
$221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct by $221,000 Settlement For 8 Year Old Jailed In Alleged New Mexico School Misconduct On April 17, 2006, Angela Esquibel, the mother of 8 year old Jerry Trujillo, was awarded $221,000 in a Federal civil rights complaint …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Police Misconduct Reports Must be Disclosed in Discovery by The plaintiff complained of excessive force by the police and sought information about internal investigations. State law exempting internal investigative and other files from disclosure does not govern privilege issues in federal claim cases. The court directs production of the date …
Sheriff Not Liable for Deputy Abusing Arrestee by The plaintiff was in an accident and was arrested for DWI. She alleged that she was verbally threatened and recklessly shoved into a police car, injuring her, and that the deputy intentionally drove in such a way as to cause her more …
Article • May 15, 2007
Jury Entitled to Hear of Plaintiff's Medical Condition in False Arrest Case by Police officers who falsely arrested the plaintiff, allegedly with knowledge of his heart condition, were not entitled to an order in limine excluding evidence of his medical condition, since there is enough evidence that their actions were …
Article • May 15, 2007
Forcible Police Detention States Claim by The plaintiff's allegation that a police officer grabbed him from behind, slung him to the ground, rolled him over and then handcuffed him, and then dragged him to the police car when he wouldn't walk, all because he wouldn't pay a debt claimed by …
Article • May 15, 2007
Police Beating Requiring Spleen Removal Actionable by The plaintiff alleged that he accompanied police officers to the station to assist in an investigation and that an officer kicked him and punched him, then told him the investigation was over and he could go home. After they took him home he …
Article • May 15, 2007
Habeas Required to Challenge Abuse Parole Arrest by The plaintiff's allegations of an abusive and improper arrest by parole officers and an improper parole violation hearing may not be pursued under § 1983 because he is incarcerated after having had his parole revoked. The court does not distinguish finely among …
City Not Liable in Police Shooting by After an unconstitutional warrantless entry into a residence in which a man was fatally shot, his family sued alleging a municipal policy. Custom or policy liability must be supported by "[a]ctual or constructive knowledge of such custom . . . attributable to the …
Article • May 15, 2007
Ninth Circuit Defines Arrest by Ninth Circuit Defines Arrest The plaintiff's conviction for resisting arrest precludes his § 1983 claim for excessive force because under California law, an arrest involving excessive force is unlawful, and the lawfulness of the arrest is an element of the offense of resisting arrest. The …
Article • May 15, 2007
Court Bars Expert Testimony in Police Brutality Suit by Defendants moved in limine to preclude the testimony of plaintiff's expert concerning a police use of force, on the ground that it was not based upon scientific, technical, or other specialized knowledge. Rule 702, Fed.R.Ev., "makes clear that an individual may …
Article • May 15, 2007
City Liable for Jay Walker Being Shot 14 Times by Cop by A statement by one police officer that the defendant officer who shot the plaintiff's decedent was "known to use 'heavy handed' tactics with citizens and was 'out to perform [his] job overzealous[ly] with prejudice towards people" and that …
Article • May 15, 2007
Loss of Time a Compensable Damage by Loss of Time a Compensable Damage The plaintiffs complained of a course of mistreatment by the police. At 208: "The concept of actual injury at common law is a broad one, and the Supreme Court has recognized that 'compensatory damages may include not …
Article • May 15, 2007
NY Police Immune for Taking Disabled Woman to Hospital by Police officers made a warrantless entry to a residence based on a 911 call and found a woman with Down syndrome there alone; they took her to a mental hospital, where she was kept overnight. The police officers were entitled …
Article • May 15, 2007
Police Beating Suit Not Barred By Heck by The plaintiff alleged that he was unlawfully seized, arrested without probable cause, and subjected to excessive force. His claims concerning the seizure and arrest were barred under Heck v. Humphrey because of pending criminal charges for resisting arrest, but the claim of …
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