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Article • May 15, 2007
Black FBI Agent Beaten by Police States Claim by The African-American plaintiff was pulled over for a traffic violation and cooperated with the police officer in every respect, including informing him that he was an FBI agent and was armed. The defendant officer handcuffed him and then grabbed him from …
Article • May 15, 2007
City Liable for Tolerating Police Brutality by At 879: The Plaintiff avers that the City violated his constitutional rights by failing to train, discipline, monitor and evaluate officers in the use of force; refusing to adequately investigate citizen complaints of excessive force; exonerating officers accused of improper use of force; …
Article • May 15, 2007
$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment by Alonzo Echols, 48, is not Alonzo Eacholes, despite repeatedly telling officers, jails, and courts this. In February of 2000, Echols was arrested for felony battery on a warrant that should have been for Eacholes. His release took 18 months, though …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Effective Assistance of Counsel Not a Right in Civil Litigation by The U.S. Eighth Circuit Court of Appeals has affirmed a district court's refusal to appoint substitute counsel and, following a prior appellate decision, held that civil litigants have no right to effective assistance of counsel. William L. Taylor was …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim by Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim The U.S. Supreme Court reversed and remanded a district court's dismissal of a federal civil rights action, holding that it was improper because defendant's materials did not sufficiently negate plaintiff's allegations. …
Article • May 15, 2007
Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld by Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld The U.S. Second Circuit Court of Appeals generally upheld a judgment on a jury verdict against New Haven, Connecticut police officers who beat and dragged a handcuffed Army captain …
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 …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
Article • May 15, 2007
Filed under: Police, Property
NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process by NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process The Second Circuit Court of Appeals held a prisoner stated a due process claim for the refusal of police officials to return his …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Article • May 15, 2007
California: Parents Of Man Who Died In Custody Awarded $2,000,000 by On June 17, 2002 the divorced parents of a man who died while being restrained by Los Angeles County sheriff's deputies were awarded a gross verdict of $2,000,000, reduced. by 35% based on the jury's finding of decedent's comparative …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
Article • May 15, 2007
California Man Awarded $55,000 for False Arrest by On October 25, 2002, a California jury awarded $55,000 to a man who was falsely arrested by the Los Angeles County Sheriff's Department and held in jail for approximately 4 1/2 days before being released. Plaintiff Roger Brass was arrested on the …
Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
Article • May 15, 2007
Texas: Fifth Circuit Reinstates Epileptic Prisoner's Federal, State Claims by In this appeal by an epileptic individual who suffered a seizure in the Kerr County (Texas) Jail, the U.S. Fifth Circuit Court of Appeals held that fact issues precluded summary judgment of his federal claims and that he stated causes …
Article • May 15, 2007
Judicial and Good Faith Immunity Available under § 1983 by Judicial and Good Faith Immunity Available under § 1983 The United States Supreme Court held that the Civil Rights Act did not abolish the traditional immunity accorded to judges for acts within their judicial role, and that police officers can …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
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