Civil Rights or Section 1983

Displaying 111 - 120 of 124
Titlesort descending Summary
United Pet Supply, Inc. v. City of Chattanooga, Tenn. In June 2010, a private non-profit corporation that contracted with the City of Chattanooga to provide animal-welfare services, received complaints of neglect and unsanitary conditions at a mall pet store. Investigations revealed animals in unpleasant conditions, without water, and with no working air conditioner in the store. Animals were removed from the store, as were various business records, and the private, contracted non-profit began to revoke the store's pet-dealer permit. Pet store owners brought a § 1983 suit in federal district court against the City of Chattanooga; McKamey; and McKamey employees Karen Walsh, Marvin Nicholson, Jr., and Paula Hurn in their individual and official capacities. The Owners alleged that the removal of its animals and revocation of its pet-dealer permit without a prior hearing violated procedural due process and that the warrantless seizure of its animals and business records violated the Fourth Amendment. Walsh, Nicholson, Hurn, and McKamey asserted qualified immunity as a defense to all claims. On appeal from district court decision, the Sixth Circuit held the following:

Hurn, acting as a private animal-welfare officer, could not assert qualified immunity as a defense against suit in her personal capacity because there was no history of immunity for animal-welfare officers and allowing her to assert qualified immunity was not consistent with the purpose of 42 U.S.C. § 1983.

Walsh and Nicholson acting both as private animal-welfare officers and as specially-commissioned police officers of the City of Chattanooga, may assert qualified immunity as a defense against suit in their personal capacities. With respect to entitlement to summary judgment on the basis of qualified immunity in the procedural due-process claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the permit, and Walsh is denied summary judgment on the claim based on the seizure of the permit.

Regarding entitlement to summary judgment on the basis of qualified immunity on the Fourth Amendment claims: Walsh and Nicholson are entitled to summary judgment on the claim based on the seizure of the animals, Nicholson is entitled to summary judgment on the claim based on the seizure of the business records, and Walsh is denied summary judgment on the claim based on the seizure of the business records.Because qualified immunity was not an available defense to an official-capacity suit, the court held that employees may not assert qualified immunity as a defense against suit in their official capacities.

The district court’s entry of summary judgment was affirmed in part and reversed in part, and remanded for further proceedings consistent with this opinion.
United States v. Daniels


Defendant sought review of a decision from a United States district court, which during a second trial convicted defendant of armed robbery. Armed with a gun defendant went to the teller's window and handed the teller a cloth bag with a note saying that it was a holdup. Two photographs were admitted into evidence that showed agents in the relative positions of defendant and the savings and loan employees at the time of the robbery. The court found no prejudicial effect in the admission of the photographs especially in light of the positive identification of defendant by the teller in the courtroom.
United States v. Place


This case addressed issues relating to searches and seizures and violations of Fourth Amendment rights.
US - Civil Rights - Civil Action for Deprivation of Civil Rights This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.
Utah Animal Rights Coalition v. Salt Lake County


The plaintiffs-appellants (Utah Animal Rights Coalition (UARC) and five individuals) filed this 42 U.S.C. § 1983 claim for alleged violations of their First Amendment rights to free speech and to peaceably assemble after the individual plaintiffs attempted to protest a circus in South Jordan, Utah. The district court entered summary judgment against the plaintiffs. On appeal, this court held that, without a showing of harm, the UARC did not meet its burden to demonstrate an injury in fact. The court did find that the individuals properly pleaded harm to establish standing. With regard to the § 1983 action, this court ruled that the district court correctly determined that county officials were entitled to judgment as a matter of law.
Viilo v. City of Milwaukee The court in this case denied summary judgement for the defendant after two police officers shot plaintiff’s dog four times which ultimately resulted in the dog’s death. The court denied summary judgment because it believed that there was a question as to a material fact of the case. The material fact in this case was whether or not the officers reasonably feared for their lives when the dog was shot the third and fourth time. After the dog was injured from the first two shots, there was inconsistent testimony as to whether the dog was still acting in an aggressive manner, which may have warranted the third and fourth shots. Due to the inconsistent testimony, the court held that a ruling of summary judgment was not appropriate. Defendants' motion for summary judgment was granted as to all claims except the claim that the third and fourth shots constituted an illegal seizure.
Viilo v. Eyre


Virginia Viilo sued the City of Milwaukee and two of its police officers under 42 U.S.C. § 1983 after an officer shot and killed her dog 'Bubba.' The district court denied the defendants' motion for summary judgment on the basis of qualified immunity and the defendants took an interlocutory appeal challenging this denial. The court found that defendants' interjection of factual disputes deprived the court of jurisdiction. The court further held that it is a violation of the Fourth Amendment for a police officer to shoot and kill a companion dog that poses no imminent danger while the dog’s owner is present and trying to assert custody over her pet.  
Walker-Serrano ex rel. Walker v. Leonard


Public school student circulated a petition during class and recess that opposed a school field trip to the circus. School officials prevented her from circulating the petition, and she complained of a violation of her First Amendment right to free speech. The Court of Appeals affirmed summary judgment for the school, holding that the student's rights had not been violated because a school may regulate the times and circumstances a petition may be circulated when it interferes with educational goals or the rights of other students.
Walking Search Warrants: Canine Forensics and Police Culture after Florida v. Harris
Wall v. City of Brookfield


A dog that was constantly in violation of local leash ordinances was held as a stray by the town.  The owner of the dog brought a section 1983 action claiming deprivation of the dog's companionship without due process and the trial court held in favor of the town.  The Court of Appeals affirmed reasoning that only a post-deprivation hearing was necessary under the statute (which defendant could have received had she filed a petition with the court).

Pages