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Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
Article • May 15, 2007
Regret Expression Issued for Improper Arrest by On December 15, 1995, Texas' Grand Prarie police SWAT team burst into 18-year-old Bryan McMillen's parents' house and put guns to McMillen's head while awaking him from bed. Their purpose was to arrest him for the murder of Adrianne Jones, whose boyfriend said …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Filed under: Police, False Arrest
$50,171 for Indiana False Arrest and 30 Hours Confinement by A federal jury in Indiana awarded a woman $30,171 in compensatory damages and $20,000 in punitive damages for false arrest and confinement for 30 hours. On September 19, 2002, Jennifer Wert entered the intersection of Emerson Avenue and I-70 in …
CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Tight Handcuffs, Violent Police Car Ride State Claim by The plaintiff alleged that he was handcuffed too tightly and complained repeatedly about it to the arresting officers; that the officers amused themselves by speeding unnecessarily, braking abruptly, etc., so the plaintiff was thrown around in the police car; that when …
Article • May 15, 2007
Filed under: Suicides, Police, False Arrest
$2.4 Million Awarded In District of Columbia Jail Suicide by In 1982, a 32 year old District of Colombia (DC) man drove his car into a utility pole after which he was arrested and incarcerated in a DC jail for driving under the influence of alcohol. The man committed suicide …
Article • May 15, 2007
Unfiled Lawsuit Protected Speech by The plaintiff got a traffic ticket for reckless driving for an incident in which he was injured after a police chase. His attorney then wrote letters to law enforcement demanding that all evidence be preserved, and then he was charged with six criminal counts of …
Article • May 15, 2007
$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest by $250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest A 39 year old California man was beaten to death by police while being arrested for misdemeanor trespass. The deceased man's estate did not participate …
Article • May 15, 2007
Washington District Court Awards $195,000 For False Arrest, Emotional Distress by In April 1998, the U.S. District Court for the Western District of Washington awarded $195,000 for emotional distress to a man who was wrongfully arrested. The plaintiff, 40 and retired at the time of the March 1997 incident, claimed …
Police Chief Approval of Report Exonerating Brutal Cops is Municipal Policy by Police Chief Approval of Report Exonerating Brutal Cops is Municipal Policy The plaintiff arrestee suffered massive injuries in police custody. The police said he fell down, though the details of their claim changed as the extent of injury …
Threats for Filing Suit Actionable by The plaintiff alleged that an officer repeatedly threatened him because he had brought a lawsuit against the officer's brother. A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" …
Article • May 15, 2007
Minor Injury Suit Against Police Dismissed by The plaintiff was forcibly arrested after an hour long stand off with the police, in which he variously threatened suicide and invited the police to kill him while pointing a gun at them. He complained of being beaten in the ambulance taking him …
Article • May 15, 2007
Filed under: Police, False Arrest
$10,001 NY False Arrest Verdict Upheld by At 155: . . . [T]he direct physical participation of a defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal. …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
No Immunity for Police in Tight Handcuffs Suit by Defendant police officers are not entitled to summary judgment on the plaintiff's claim of excessively tight handcuffing in light of evidence that the cuffs left a mark visible nearly two years later and continuing pain in the plaintiff's wrists; there is …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Article • May 15, 2007
Police Force Claim Not Barred by Heck by The plaintiff's use of force claim is not barred under Heck and Preiser by her guilty plea to resisting arrest. The court is not persuaded by defendants' argument that the punch in the face of which plaintiff complains was the arrest. The …
Article • May 15, 2007
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
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