Topic
Every decision we've filed under Summary Judgment.
The Fourth Circuit affirmed the denial of qualified immunity for a police officer who shot and killed a fleeing, unarmed teenager who made no threatening movements with a weapon. The court held that under clearly established law, an officer cannot use deadly force against a suspect who is armed but poses no immediate threat to safety.
The Ninth Circuit affirmed summary judgment for the City and officers, ruling that the plaintiff failed to establish a protected possessory interest in the neighbors' portion of an alleyway. The court further held that the officers were entitled to qualified immunity and that the district court committed no abuse of discretion regarding procedural rulings.
The First Circuit affirmed summary judgment for Central Maine Power Company, ruling that the plaintiff failed to provide admissible evidence linking smart meter radiation to his specific health condition. Without proof of specific causation, the court held that the plaintiff could not establish that an analog meter was a necessary reasonable accommodation under federal disability laws.
The Third Circuit affirmed summary judgment for Trooper Nicholas Stolar, holding that while omitting self-defense evidence from a probable cause affidavit can violate the Fourth Amendment, the right was not clearly established at the time of the arrest. Consequently, Trooper Stolar retains qualified immunity despite the court's new rule requiring officers to disclose known facts that conclusively negate the mental state of a charged crime.
The Sixth Circuit affirmed summary judgment against Edward Khalil, ruling that he failed to provide sufficient evidence that police officers knowingly fabricated evidence or suppressed impeachment material. The court held that Khalil could not meet the strict due process standards required to prove subjective bad faith or demonstrate that the alleged misconduct affected the outcome of his trial.
The Fourth Circuit affirmed summary judgment for law enforcement officers, holding that a traffic stop and arrest warrant were supported by probable cause under the totality of the circumstances. The court found sufficient evidence of witness intimidation to justify the seizure, rejecting the plaintiff's Fourth Amendment claim.
The Ninth Circuit affirmed summary judgment for federal agents, ruling they retained qualified immunity because the warrant was not facially deficient and the agents did not deliberately deceive the magistrate. The court held that the affidavit provided a colorable argument for probable cause despite the Plaintiffs' allegations of overbreadth and misrepresentation.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Eighth Circuit affirmed the district court's grant of qualified immunity to Officer Harris, holding that no clearly established law prohibited his warning against using foul language in public near children during a noise complaint investigation. The court found that Ward's belligerent conduct provided arguable probable cause for a disorderly conduct arrest, defeating his constitutional claims.