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Tag Archives: 42 U.S.C. §1983

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 ...

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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 ...

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Civil Rights: 42 U.S.C. §1983-Qualified Immunity-Jurisdiction to Hear Appeal

Plaintiff’s businesses were searched three times by Kansas City Police Department officers. Plaintiff filed suit under 42 U.S.C. §1983, alleging Fourth and 14th Amendment violations and common-law causes of action. Defendants, officers of the KCPD, moved for summary judgment on ...

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Civil Rights: 42 U.S.C. §1983-Inmate-Deliberate-Indifference Claim

  Plaintiff, a former inmate, appealed from the grant of summary judgment to defendants on plaintiff’s deliberate indifference claim brought pursuant to 42 U.S.C. §1983. Where review of the record in the light most favorable to plaintiff and drawing all ...

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Civil Rights: 42 U.S.C. §1983-Religious Land Use and Institutionalized Persons Act-Summary Judgment

  Plaintiff appealed the district court’s grant of adverse summary judgment in plaintiff’s pro se §1983 action brought pursuant to the Religious Land Use and Institutionalized Persons Act. Where the court found no basis for reversal, it affirmed the summary ...

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Civil Practice: Inmate-42 U.S.C. §1983-Adverse Grant of Summary Judgment

Plaintiff, a federal inmate, appealed the district court’s grant of adverse summary judgment in plaintiff’s §1983 action. Where there was no merit in plaintiff’s argument, the district court correctly dismissed his action. Judgment is affirmed. Hawk-Gallardo v. Wendling (MLW No. ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Statute of Limitations

  Plaintiff filed suit against defendants under 42 U.S.C. §1983, alleging he suffered injuries at the hands of defendants. The district court granted summary judgment to defendants, ruling that plaintiff had filed his suit after the expiration of the statute ...

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Civil Rights: 42 U.S.C. §1983-Off-Duty Police Officer-Excessive Force

Defendant, an off-duty police officer, was working security for a concert attended by plaintiff. Defendant called plaintiff over to him and tried to pull plaintiff over a metal barrier; defendant lost his grip on plaintiff, causing plaintiff to fall to ...

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Civil Rights: 42 U.S.C. §1983-Statute of Limitations-Futility of Amendment

Plaintiff appealed the dismissal of his §1983 complaint pursuant to the applicable statute of limitations. The district court also denied plaintiff leave to amend his complaint, concluding that amendment would be futile. Plaintiff was also denied post-judgment relief. Where the ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Supervisor Liability

Defendant police officer Joshua Hastings shot and killed 15-year-old Bobby Moore. Plaintiff, Moore’s mother, filed suit against Hastings and his police chief and municipal employer. The district court granted summary judgment to the chief and city; the jury subsequently found ...

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