This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w... More...   $0 (11-06-2009 - OH)

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Stephen Phelps sued Moore County Deputy Sheriffs Lane Carter and Randall Butler on a civil rights violation theory, 42 U.S.C. 1983, claiming that they used excessive force when they shot and injured him and killed 1st Lt. Tallas Tomeny. Phelps and Tomeny were participating in a training exercise called Robin Sage in which they simulated infiltration of a foreign nation. The thought that Butler wa... More...   $650000 (10-29-2009 - SC)

Jamie Marie Meissner sued Orange County, California sheriff's deputies on a civil rights violation theory under 42 U.S.C. 1983 claiming that the deputies used excessive force when she was arrested on suspicion of given false information to them after she was questioned by Laguna Beach police for jaywalking.

Defendants denied wrongdoing.... More...   $0 (10-28-2009 - MD)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A... More...   $0 (10-26-2009 - FL)

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More...   $0 (10-26-2009 - OK)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district court’s judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.

I. Background

The main issue rele... More...   $0 (10-20-2009 - NM)

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth A... More...   $0 (10-19-2009 - NM)

Defendant-Appellant Officer Scott Celender (“Officer Celender”) appeals the district court’s partial denial of his motion for summary judgment in this 42 U.S.C. § 1983 action, in which Plaintiff-Appellee Amanda Morrison (“Amanda”) claims Officer Celender violated her constitutional right to be free from the use of excessive force when he: (1) refused to loosen her handcuffs during lawfu... More...   $0 (10-10-2009 - OH)

Kenneth Fletcher sued Muskigum County, Don Rice, Erin Fuller, Jim Paxton, John Lang, bob VanDyne, Robert Stevenson, Terry Newman and Tom Duemmle on civil rights violation theories under 42 U.S.C. 1983 claiming that the defendants discriminated against him because of his religious beliefs, used excessive force in dealing with him and denied him appropriate medical attention in 2007.

Defend... More...   $0 (10-10-2009 - OH)

14 Plaintiff John Aczel appeals from the judgment of the United States District Court for the
15 District of Connecticut (Dorsey, J.) granting judgment to Defendant, Police Officer Leonard
16 Labonia, on Plaintiff’s claim of use of excessive force. The case presents an unusual procedural
17 history. The jury answered interrogatories in a special verdict form, finding that Plaintiff h... More...   $0 (10-09-2009 - CT)

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee’s estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that th... More...   $0 (10-06-2009 - AR)

Diane Cook (Diane) and Michael Cook (Michael) (collectively, Cooks), filed suit against Chief of Police Edward Locke Jr. (Chief Locke) and the City of Bella Villa (City) (collectively, Appellees) for alleged federal civil rights violations. The Cooks included supplemental state law claims against Chief Locke for malicious prosecution and indecent assault and battery, and against the City on a theo... More...   $0 (10-02-2009 - MO)

Plaintiff William R. Harris, Jr. (“Harris”) filed state law claims and claims under 42 U.S.C. § 1983 alleging that he was subjected to excessive force and inadequate medical care, and discriminated against on account of his race, in violation of his constitutional rights, while being booked at the Circleville City Jail on April 3, 2004. The issue before this Court is whether the district cour... More...   $0 (10-02-2009 - OH)

After Daryl Jones suffered a dislocated shoulder during the course of an arrest by two police officers, Jose Garcia and Mike Miller, he filed a § 1983 action against them, alleging excessive force. Because Jones’ excessive force claim raises a material dispute of fact, we reverse the district court’s grant of summary judgment in favor of Officer Miller. We affirm the denial of Jones’ motion... More...   $0 (09-29-2009 - MI)

A nasty confrontation between various law enforcement officials and Barbara Suarez and her son William resulted in the Suarezes’ arrest. The officers entered the Suarez home late at night with a search warrant they had obtained based on evidence that an underage drinking party was taking place at the house. Barbara was charged with contributing to the delinquency of a juvenile and William was ch... More...   $0 (09-13-2009 - )

Appellants Orville and Joelle Losier appeal a unanimous jury verdict in favor of appellees Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A., on the Losiers= medical-malpractice claims. The Losiers contend that the trial court erred by refusing a res ipsa loquitur jury instruction and by denying a motion for new trial based on juror misconduct. We affirm.

I

After an aut... More...   $0 (09-10-2009 - TX)

David Bush, one of the police-officer defendants in this 42 U.S.C. § 1983 action claiming use of excessive force, appeals a jury award for the plaintiffs. Bush contends that the district court erred by denying his motions for judgment as a matter of law and qualified immunity. For the reasons that follow, we AFFIRM the judgments of the district court.

I.

On January 1, 2003, James Sm... More...   $0 (09-02-2009 - TN)

Nshan "Nish" Minasian, age 59, sued Club One casino on negligence, false imprisonment, and civil assault and battery theories claiming that the casino's security guards roughed him up after he got into an argument with a car dealer on August 24, 2007. Plaintiff suffered a torn rotator cuff when the guards cuffed his hands behind his back for which he has had three surgeries. Plaintiff claimed tha... More...   $535000 (08-21-2009 - CA)

{¶ 1} This appeal presents three issues for our review: (1) whether punitive damages may be awarded when a plaintiff pursues only negligence causes of action and does not receive any compensatory damages, (2) whether a defendant may claim self-defense as an affirmative defense to a negligence cause of action, and (3) whether a plaintiff may bring a cause of action for undue restraint under R.C. 2... More...   $0 (08-09-2009 - )

Plaintiffs-Appellants Marylon Marie Boyd, Isabel Gonzales, and Kanani Boyd (the Boyd Family), who are the mother and daughters of Cammerin Boyd (Cammerin), appeal the district court’s judgment in favor of Defendants- Appellees, the City and County of San Francisco and police officers James O’Malley and Timothy Paine (collectively, San Francisco). The Boyd Family alleges that the district court... More...   $0 (08-08-2009 - CA)

Roger S. Bryner sued Billy Romero, Gloria Miller, Jeffrey Potter and Salt Lake County on civil rights violation theories under 42 U.S.C. 1983 claiming that the way he was treated by Officers Romero, Miller and Potter in May of 2004 violated his civil rights. The officers were dispatched to the Bryner home in response to a domestic violence call. Bryner was taken into custody and transported to the... More...   $1 (08-08-2009 - UT)