Civil Rights Wrongful arrest Where a police officer knowingly included false statements in the arrest warrant affidavit, summary judgment was improperly granted to him on the suspect’s suit for wrongful arrest. “In this case, Jeffery A. claims that he presented sufficient evidence that Veruchi knowingly included false statements in the arrest warrant affidavit and that without those false statements, probable ...

Civil Rights Qualified immunity; summary judgment; appeal A party may not appeal a denial of summary judgment based on qualified immunity after a district court has conducted a full trial on the merits. A qualified immunity plea, not upheld at the summary judgment stage, may be pursued at trial, but at that stage, the plea must be evaluated in light ...

Civil Rights Prisoner litigation A fraudulent litigation history justifies dismissing a prisoner’s Section 1983 suits with prejudice. “In general, courts may impose appropriate sanctions, including dismissal or default, against litigants who violate discovery rules and other rules and orders designed to enable judges to control their dockets and manage the flow of litigation. See, e.g., Wickens v. Shell Oil Co., ...

Civil Rights Prisoner litigation A fraudulent litigation history justifies dismissing a prisoner’s Section 1983 suits with prejudice. “In general, courts may impose appropriate sanctions, including dismissal or default, against litigants who violate discovery rules and other rules and orders designed to enable judges to control their dockets and manage the flow of litigation. See, e.g., Wickens v. Shell Oil Co., ...

Civil Rights Cruel and unusual punishment Where a prisoner alleges he was forced to work outdoors in winter without proper clothing, his civil rights suit should not have been dismissed. “The ‘usual discomforts of winter’ to which the district judge referred do not include handling heavy tools with gloveless hands in subzero weather. Our prison system is not the gulag. ...

Civil Rights Qualified immunity Where officers arrested a meter reader, even though she had all the indicia of a meter reader performing her job, on suspicion of casing homes to commit burglary, the officers were properly denied qualified immunity. “The fatal flaw in Officers Clark and Kaminski’s argument is that they cannot point to a single circumstance that could have ...

Civil Rights ECOA Where a lender offered to modify the terms of the existing loan within the statute of limitations, the homeowner’s claim under the Equal Credit Opportunity Act should not have been dismissed. “Mrs. Davis did not apply for credit from the defendants during the ECOA’s statute of limitations, nor was there a change to the terms of her ...

Civil Rights Failure to provide medical care to arrestee; failure to train Where police officers used a hobble to restrain a man undergoing a psychotic episode, and he subsequently stopped breathing and died, summary judgment was appropriate on his estate’s claim of inadequate response to his medical needs because the Fourth Amendment requires only a reasonable rather than an immediate ...

Civil Rights Housing discrimination A party not named in a HUD complaint can be sued under the Fair Housing Act, provided that the defendant had adequate notice of the complaint and an opportunity to participate in the conciliation process. “The nature of the ‘charge’ in Title VII and FHA litigation differs in that the initial charge of discrimination is issued ...

Civil Rights False arrest Even if a police officer framed a motorist for driving while intoxicated, the driver can’t sue for false arrest where he was guilty of other minor traffic offenses. “It is not a violation of the Fourth Amendment to arrest an individual for even a very minor traffic offense. The Supreme Court has held that ‘[i]f an ...

Civil Rights Municipal liability Monell’s “policy or custom” requirement applies in Section 1983 cases irrespective of whether the relief sought is monetary or prospective. Section 1983, read in light of Monell’s understanding of the legislative history, explains why claims for prospective relief, like claims for money damages, fall within the scope of the “policy or custom” requirement. Nothing in §1983 ...

Civil Rights Prosecutorial immunity Where it is not clear whether a prosecutor was acting in the role of an advocate or an investigator, the court lacks jurisdiction to review a district court’s holding that the prosecutor is not immune from a claim that he was coerced into confessing to a crime he didn’t commit. “Rogers now asks this court to ...

Civil Rights Excessive force Raymond J. Bednarek appeals from an order granting summary judgment to the City of Oshkosh and various police officers in this case alleging excessive use of force. Bednarek argues that summary judgment was inappropriate because there were genuine issues of material fact and the court did not consider all of his claims against the City and ...

Civil Rights Excessive force Where an officer tasered a suspect 6-12 times, killing him, although the suspect was unarmed, was known to the officer to be mentally ill but not violent, and was at most guilty of a misdemeanor, summary judgment was improperly granted to the defendants on the suspect’s excessive force claim. “Summary judgment was also inappropriate because a ...

Civil Rights Warrantless searches; summary judgment Brian E. Davis, pro se, appeals from the judgment dismissing his action against the City of Milwaukee (City) after he presented his case at trial. See Wis. Stat. § 805.14(3) (2007-08). Davis argues that the trial court should have granted summary judgment on his constitutional unreasonable search claims because he believes that an unpublished ...

Civil Rights Search and seizure; probable cause Where a police officer found marijuana stems in the plaintiff’s garbage, and the plaintiff had received shipments from a supplier of marijuana cultivation products, the officer did not violate the plaintiff’s constitutional rights in getting a search warrant for the plaintiff’s home. “Sample’s affidavit included information about his training and experience. It also ...

Constitutional Law Civil rights; color of state law Even though an alderman beat a private citizen, he did not do so under color of state law, and he cannot be sued under Section 1983. “Even drawing all reasonable inferences in Wilson’s favor, the complaint’s allegations do not demonstrate that any aspect of Price’s conduct on May 2, 2008 related to ...