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Articles Posted in Civil Rights

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No violation of the Fourth Amendment by not immediately releasing a suspect after learning of possible exculpatory evidence

Vivianne Washington was arrested in the investigation of a brutal murder of an elderly woman at her home in Meriwether County, Georgia after assailants invaded her home, attacked her, and set her on fire. Before she died, she named her assailants as several black males and an African American female. …

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No protection under the Religious Freedom and Restoration Act for protesters who damaged property at a U.S. Naval submarine base.

Clare Grady, Carmen Trotta, and Martha Hennessy are members of the Plowshares Movement, a Roman Catholic protest and activism group opposed to nuclear weapons.  On April 4, 2018, they and others surreptitiously and illegally entered the Kings Bay Naval Submarine Base in St. Marys, Georgia, to engage in protest of…

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A civilian cannot be held liable for a false arrest or excessive force claim for briefly assisted a law enforcement officer with an arrest

Charles was arrested by a Dawson County Sheriff’s deputy on an outstanding warrant after he was found inside a car that the deputy had pulled over for speeding. Charles resisted his arrest for over five minutes and the deputy succeeded in subduing Charles with the aid of a civilian bystander…

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Appeals court upholds lawsuit against Sheriff for detaining the wrong person

A deputy from the Martin County Sheriff’s Office pulled over Sosa while driving.  After checking his name in the computer system and finding an outstanding warrant for a David Sosa, Sosa explained that he had been mistakenly arrested four years earlier for the same warrant.  He told the deputy about…

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Property owner’s lawsuit against Sheriff in Alabama for property loss fails

Mr. Spencer sued Sheriff Jonathan Benison pursuant to 42 U.S.C §1983 claiming a violation of his Fifth Amendment rights against deprivation of property and liberty rights.  He alleged that Benison ordered him to remove traffic cones and vehicles that were preventing Spencer’s neighbor from completing construction on an easement that…

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Lawsuit against a school board police officer for false arrest and involuntary commitment should not have been dismissed

Susan Khoury filed a lawsuit against the Miami Dade County School Board and Officer Williams, a school board police officer, for false arrest, excessive force, and First Amendment retaliation pursuant to 42 U.S.C. §1983.  Williams had detained and committed her for an involuntary mental health examination under Florida’s Baker Act…

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Claim against Sheriff for detaining wrong person in jail for three days was valid

A deputy from the Martin County Sheriff’s Office pulled over Sosa’s car while driving.  After checking his name in the computer system and finding an outstanding warrant for a David Sosa, Sosa explained that he had been mistakenly arrested four years earlier on the same warrant and advised the deputy…

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In this 1983 civil rights lawsuit the court found the police officer acted reasonably under the circumstances

This case involved an encounter between a taxicab driver named Junior Prosper and a Miami Dade police officer that resulted in Prosper’s death.  Prosper’s widow sued the officer under 42 U.S.C. §1983 in federal court in Miami, Florida, claiming constitutional violation for the officer’s actions.  The federal trial judge ruled…

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Officer acted reasonably using deadly force against a driver of a vehicle who led police on a chase.

This appeal involved a 1983 civil rights lawsuit under the Fourth and Fourteenth Amendments and various state law claims against the Columbus Georgia, the chief of police, and an officer Brown from the department.  This is how the appellate court stated the issue.  Whether, after a high-speed chase, a police…

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City of Huntsville’s noise permit was not unconstitutionally applied against anti-abortion protestors.

The Hendersons’ appeal involved a civil-rights suit against the City of Huntsville and the Chief of Police alleging that the Chief and the city violated their First Amendment rights to freedom of speech and the free exercise of religion through the City’s permit ordinance and the requirement of a noise…

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