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New Wrongful Death Trial Prompts $600,000 Settlement; Judge Gave Faulty Jury Instructions, Finds Excessive Force by On December 5, 1999, 29-year-old Damon Lowery's life came to a tragic end while in police custody. More than five years later, with a new trial looming, Portland, Oregon officials paid Lowery's estate $600,000 …
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 …
Article • May 15, 2007
Police Not Liable for Killing Bystander During Chase by A municipality cannot be held liable for a constitutional violation under § 1983 unless there is a violation by individual officers. The court repudiates its prior decision to the contrary, Williams v. City and County of Denver, 140 F.3d 855 (10th …
Article • May 15, 2007
$41,000 Jury Verdict for Pepper Sprayed CT Motorist by The plaintiff allegedly "confronted" police officers at a traffic stop and was sprayed in the face with capstun. She was yelling and kicking in the patrol car because she was having a strong reaction to the capstun, could not see and …
Article • May 15, 2007
Prior Disciplinary Actions against Police Inadmissible by In a police brutality case, evidence pertaining to prior, unrelated disciplinary actions against the arresting officer is held inadmissible in the absence of a showing of any purpose other than to show that the officer acted in conformity with his character, which is …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
Article • May 15, 2007
$282,500 Awarded in NY False Arrest and Beating Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Article • May 15, 2007
Ill Fitting Jail Clothes Claim Dismissed; Beating Claim Remanded by The plaintiff alleged that he was given a jail jumpsuit that was too long and that caused him to trip and fall downstairs, and that medical personnel tried to move him while his foot was still caught between the stairs, …
Article • May 15, 2007
Police Not Liable for Arrestees Post Surgery Injury by The plaintiff, who had had bowel resection surgery five days previously, was arrested in the hospital and taken to jail. She asked if she could back into the van and sit on the floor and was refused. When she climbed into …
$282,500 Awarded to Elderly Arrestee for Tight Handcuffs by The elderly plaintiff was arrested and handcuffed and complained that the handcuffs were too tight and hurt her hands and that she was handcuffed to bars. The court analyzes her claim under Bell v. Wolfish, does not cite Hudson v. McMillian, …
Article • May 15, 2007
Felony Murder Convict Can't Sue Police for Shooting Him by Under Heck, a convict who was shot by the police during arrest and who was convicted of felony murder for provoking the police to shoot his crime partner could not pursue a § 1983 claim for excessive force insofar as …
Article • May 15, 2007
Filed under: Police, False Arrest
Imprisonment Precludes Prisoner's False Arrest Suit by The plaintiff, detained in jail without bail on drug and weapons offenses, was arrested for assaulting another prisoner. The grand jury refused to indict. The plaintiff sued for false arrest. At 283: "Since plaintiff would have been in custody anyway, he cannot state …
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 …
Numerous Evidentiary Rulings in Illinois Police Abuse Suit by The plaintiff sued for excessive force in his arrest, assault, and battery. The court denies the plaintiff's motion in limine to exclude his three prior felony convictions; he cites no cases in support of his argument, and "such convictions are routinely …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
No Immunity for Cop Who Shot Arrestee in Holding Cell by The plaintiff was arrested for DWI; while in a police holding cell, an officer shot him in the abdomen under disputed circumstances. The Fourteenth Amendment use of force standard is governed by the factors set out in Johnson v. …
Article • May 15, 2007
Resisting Arrest Doesn't Bar Excessive Force Suit against Police by It is clearly established that using substantial force without any prior inquiry against an already subdued unarmed and unresisting individual violates the Fourth Amendment. The plaintiff's conviction for resisting arrest does not foreclose the possibility of a finding of excessive …
Article • May 15, 2007
Fifth Circuit Upholds Damages in Strip Search Suit by The three plaintiffs (along with about 100 others) were detained for about three hours and strip searched during the execution of a search warrant at a night club. The strip searches were unlawful absent individualized reasonable suspicion or probable cause (the …
No Remedy for Mexican Doctor Kidnapped, Tortured by DEA by The plaintiff, a Mexican physician, was believed by Drug Enforcement Administration officials to have assisted in the interrogation and torture of a DEA agent in Mexico, and was indicted in California. The DEA hired Mexican nationals to seize him and …
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