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42 U.S.C. §1983

Aug 29, 2019

Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Defendant, a state trooper, stopped plaintiff for suspected DUI. When plaintiff refused to comply with defendant’s instructions, defendant took plaintiff to the ground, breaking her knee. Plaintiff filed a §1983 action alleging excessive force and unlawful seizure. The district court denied defendant’s motion for summary judgment on grounds of qualified immunity. Where plaintiff repeatedly re[...]

Aug 13, 2019

Civil Rights: 42 U.S.C. §1983-Inmate-Relief from Incarceration

Plaintiff, an inmate, appealed from the adverse grant of summary judgment in his 42 U.S.C. §1983 action. Where plaintiff could not seek release from confinement pursuant to §1983 until exhausting state administrative remedies and habeas relief, the district court correctly granted summary judgment to defendants. Judgment is affirmed as amended. Parkins v. Nguyen (MLW No. […]

Aug 13, 2019

Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Plaintiff, an elementary school student, sued under 42 U.S.C. §1983, alleging that defendants unreasonably seized him and used excessive force by handcuffing him. Defendants moved for summary judgment based on qualified immunity. The district court concluded that disputed material facts precluded summary-judgment dismissal of plaintiff’s claim. Where defendants did not violate plaintiff’s con[...]

Aug 6, 2019

Civil Rights: 42 U.S.C. §1983-Excessive Force-Deliberate Indifference

SWAT officers arrived at what they believed to be an apprehended homicide suspect’s home to search for evidence. A woman inside the home answered the door and indicated she would unlock the front screen for officers. However, they threw a flash-bang grenade through the screen, inflicting PTSD on a 2-year old occupant of the home. […]

Aug 5, 2019

Civil Rights: 42 U.S.C. §1983-RICO Act-Sufficiency of Evidence

Plaintiff appealed the dismissal of his 42 U.S.C. §1983 and RICO Act claims against defendant. Where plaintiff failed to state a claim under §1983 because defendant acted under color of federal law or under the RICO Act because plaintiff failed to plead the required RICO elements, the district court properly dismissed his complaint. Judgment is […]

Aug 5, 2019

Civil Rights: 42 U.S.C. §1983-Amnesty Program-Judicial Immunity

Plaintiff appealed from the dismissal of its suit against two county district judges and several municipalities, arising from the judges’ implementation of an amnesty program forgiving fees probationers owed to plaintiff for probation services. Where defendant judges were entitled to judicial immunity and were state governments officials whose actions were not attributable to local municipalitie[...]

Jul 29, 2019

Civil Rights: 42 U.S.C. §1983-Racially Motivated Arrest and Prosecution-Statute of Limitations

Plaintiffs filed suit against defendants, alleging that plaintiffs’ arrest on charges of conspiracy and witness-tampering following a domestic disturbance was racially motivated, in violation of the First, Sixth, Eighth, and 14th  Amendments. The district court dismissed plaintiffs’ 42 U.S.C. §1983 claims, finding them time-barred and concluding plaintiffs had failed to state a claim. Where [...]

Jul 29, 2019

42 U.S.C. §1983-Access to Courts-Denial of Appointed Counsel

Plaintiff appealed the adverse grant of summary judgment in his 42 U.S.C. §1983 action asserting an access-to-courts claim. Plaintiff further challenged the denial of his request for discovery and motion for appointment of counsel and stay of proceedings while he secured counsel. Where plaintiff failed to raise a genuine issue of material fact, the district […]

Jul 15, 2019

Civil Rights: 42 U.S.C. §1983-Judicial Bias-Denial of Due Process

Plaintiffs appealed the district court’s adverse judgments in their §1983 actions. Where there was no error in the district court’s reasoning and no evidence of judicial bias of denial of due process. the court affirmed the adverse judgments against plaintiffs. Judgment is affirmed. Bruce v. Polk County Attorney’s Office (MLW No. 73515/Case No. 18-3038; 18-3039 […]

Jul 15, 2019

Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

A Benton police officer shot and killed 17-year-old Keagan Schweikle. His parents filed a §1983 action against the officer, the chief of police and the city. The district court granted defendants summary judgment, finding that the officer was entitled to qualified immunity. Where the record demonstrated that Keagan never pointed his firearm at officers and […]

Jul 15, 2019

Civil Rights: 42 U.S.C. §1983-Unlawful Arrest-Excessive Force

  Plaintiff filed suit against defendant police officers after they followed him home to issue a disturbance citation and ultimately used a stun gun on plaintiff and burst into plaintiff’s home after he retreated inside. The district court granted summary judgment to defendants on grounds of qualified immunity, concluding that they had probable cause to […]

Jun 3, 2019

Civil Rights: Americans with Disabilities Act-Rehabilitation Act-42 U.S.C. §1983

Plaintiff appealed the district court’s order granting summary judgment to defendants, dismissing plaintiff’s claims under the Americans with Disabilities Act, the Rehabilitation Act, and 42 U.S.C. §1983. Where the evidence, viewed in the light most favorable to plaintiff, entitled defendants to summary judgment, district court’s orders did not warrant reversal. Judgment is affirmed. Stebbi[...]

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