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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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A jury must decide whether a tragic shooting by a Dothan, Alabama, police officer was unconstitutional

A man named Robert Lawrence was shot by a police officer in front of his wife and children after an incident that began when took a stray dog to the animal shelter in Dothan, Alabama. Lawrence and his family found a stray dog in a Walmart parking lot and decided…

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Sex offender’s challenge to Florida’s registration requirement barred by statute of limitations

McGroarty sued the Florida Department of Law Enforcement claiming a violation of his substantive due process rights under the Fourteenth Amendment of the U.S. Constitution. McGroarty’s federal lawsuit alleged that the FDLE violated his rights by continuing to publish his personal identifiable information on FDLE’s sex offender registry website even…

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Federal 1983 lawsuit for excessive force by using a taser was incorrectly thrown out by the trial court

Stryker filed a federal lawsuit against three officers of the Homewood Alabama Police Department for excessive force in violation of the Constitution and for state law claims for assault and battery. The incident resulted from his arrest for disorderly conduct, resisting arrest, and failing to comply with a lawful order…

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No First Amendment violation for firing a professor for not reporting his blog

Plaintiff James Tracy held a tenured position at the School of Communication as Florida Atlantic University (F.A.U.) when he ran a personal online blog called the “Memory Hole Blog” which began attracting news media attention for publicly questioning whether the Sandy Hook Elementary School shooting in Newton, Connecticut had in…

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Students’ dismissal of claims against Broward County from Parkland shooting upheld

Nikola Cruz shot and killed 17 people at the Marjory Stoneman Douglas High School in Parkland, Florida on February 14, 2018. Fifteen students who were bystanders suffered traumatic harm and psychological injuries from the shooting. In their lawsuit against Broward County, Robert Runcie, Scot Peterson, the students allege that the…

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