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Tag Archives: Police Officer

Civil Practice – Preliminary Injunction Motion – Unlikely to Succeed – Sweepstakes Parlor – Prepaid Credit Cards – Reward Points (access required)

Mountaineer Financial Services, LLC v. City of Hendersonville (Lawyers Weekly No. 13-04-1005, 16 pp.) (Martin Reidinger, J.) 1:13-cv-00203; W.D.N.C. Holding: Even if plaintiff could show a protectable property interest in operating a business, the defendant-city did not deprive him of ...

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Tort/Negligence – Wrongful Death – Police Shooting – No Malice – Municipal – Respondeat Superior – Waiver of Sovereign Immunity (access required)

Lowder v. Payne Even though plaintiff’s decedent was doing his job performing cell tower maintenance in the middle of the night when a citizen reported a suspicious vehicle at the cell tower in an area where armed robberies and other thefts had been reported, the defendant-police officer did not act with malice when he shot the decedent.

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Criminal Practice – Evidence – Other Wrongs – Complete Story Exception – Lay Testimony – Police Officer – Stolen Items & Blood (access required)

State v. Howard Even though defendant was tried for robbing a hotel guest at gunpoint, evidence of his other activities the same evening – stealing items from a store – was admissible to tell the complete story of the robbery. We find no error in defendant’s conviction of robbery with a dangerous weapon.

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Civil Rights – Qualified Immunity – Unavailable – Police Officer – Fleeing Suspect – Failure to Pay Child Support – Grabbing Glock Instead of Taser (access required)

Henry v. Purnell A deputy who mistook his pistol for a Taser can be sued for shooting an unarmed, fleeing suspect; on rehearing, the en banc 4th Circuit says a jury could find that the deputy’s mistake was “objectively unreasonable” because he should have realized he had grabbed a .40 caliber Glock handgun and there was no threat from the man he was chasing for failure to pay child support.

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Labor & Employment – Tort/Negligence – Wrongful-Discharge Claim – Public Employees – Policy Disagreements – Police Officer (access required)

McQueen v. City of Hamlet. Plaintiff's complaint alleges disagreements over city and police department procedures, but he does not identify any public policy, state or federal statute, or city ordinance that was violated by defendants. Therefore, plaintiff failed to . . .

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