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Article • May 15, 2007
High-Speed Police Chase Requires Intent to Harm for Liability by The United States Supreme Court held that high-speed chases with no intent to harm suspects physically, or to worsen their legal plight, do not give rise to liability under the Fourteenth Amendment that can be redressed by an action under …
Article • May 15, 2007
Georgia Man Falsely Arrested by Bond Agent Awarded $5,172 by On December 3, 2002, a man jailed after being mistakenly identified by a bond agent was awarded $5,172 in damages by a superior court in Fulton County, Georgia. Plaintiff Charles Leeks was arrested at his place of employment by an …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Article • May 15, 2007
$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …
Article • May 15, 2007
$12,000 Paid in D.C. Prisoner's Beating by Guard by Jeffrey Jones was arrested for disorderly conduct in the District of Columbia. A prison guard beat him and hung him on the wall by his shorts for no reason. Jones sustained a broken jaw and broken ribs, and when 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 • May 15, 2007
$10,000 Florida Jury Award for Injunction and Confinement by False Claim by On June 10, 2002, a Florida jury awarded a man $10,000 against his ex-wife for 191 days of imprisonment caused by her false accusations. Caryl and Marilyn Brown were being divorced in 1988. She falsely claimed he made …
Article • May 15, 2007
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Article • May 15, 2007
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
Article • May 15, 2007
Cause Of Action For Monetary Damages Available Under Montana Constitution by The Montana Supreme Court held that the Montana Constitution provided a cause of action for money damages for certain violations of rights guaranteed by the state constitution and that qualified immunity was not available for those committing such violations. …
Article • May 15, 2007
General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases by General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases The United States Supreme Court has held that district courts considering 42 U.S.C. § 1983 claims should borrow a state's general or residual statute for …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Article • May 15, 2007
Theft of Property During Search by Police Officer Actionable by The Seventh Circuit Court of Appeals held that a police officer may be sued for the theft of a soda pop during a search executed pursuant to a warrant. This action was filed by the owner of the Lone Mallard …
Article • May 15, 2007
District Attorney Must Pay $50,001 Damages; Seized Property Illegally Held by The U.S. Third Circuit Court of Appeals affirmed a $50,001 damages award against a Pennsylvania district attorney who illegally retained an arrestee's property. Frederick A. Brilla sued Washington County, Pennsylvania, District Attorney John Pettit under 42 U.S.C. §1983, claiming …
Article • May 15, 2007
Second Circuit Addresses Time Claim Accrues by The Second U.S. Circuit Court of Appeals affirmed in part and vacated in part a district court order granting summary judgment to the New York City Police Department (NYPD) and various individual defendants for false arrest. Clifton Morris was arrested in 1990 by …
Article • May 15, 2007
Washington: Arrest For Tape Recording Police Unconstitutional, Police Liable by The U.S. Ninth Circuit Court of Appeals held that Washington State Patrol officers unconstitutionally arrested a man for tape recording them during a traffic stop and that the officers were not entitled to qualified immunity. Tony Alford was pulled over …
Article • May 15, 2007
Sixth Circuit Affirms Dismissal of Bivens Action Against Federal Agents by The U.S. Sixth Circuit Court of Appeals affirmed a Tennessee federal district court's dismissal of a Bivens claim against federal agents who allegedly destroyed a federal prisoner's property and denied him medical care. Thomas Harold Stiger, a federal prisoner, …
Article • May 15, 2007
$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …
Article • May 15, 2007
Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment by On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000 to a man who was wrongfully imprisoned for 15 days in the Cook County Jail. Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing to …
Article • May 15, 2007
FL Cops Sic Dog On Suspect; Court Remits Damage Award by On January 29, 2003, Broward County sheriff's deputies went to an apartment in Ft. Lauderdale, Florida to arrest Henry Lafavors. Deputy Olarte entered the apartment and deployed a police dog to subdue Lafavors, who sustained numerous dog bites. He …
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