Lewis v. Jordon. (Lawyers Weekly No. 11-03-1011, 12 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Even though plaintiff alleged that defendants arrested plaintiff for larceny of a dog without probable cause, defendants submitted affidavits to support their allegations that plaintiff’s ...

Tagged with: Civil Rights Conspiracy malicious prosecution probable cause Sect. 1983

Outgoing Mecklenburg County District Attorney Peter S. Gilchrist III was sued Dec. 15 by former Assistant District Attorney Sean P. Smith in the U.S. District Court for the Western District of North Carolina. Smith was elected district court judge in November. Gilchrist terminated Smith in July after Smith gave an interview to Charlotte's FOX affiliate about a driving school program Gilchrist developed with the Safety and Health Council of North Carolina in the 1990s.

Tagged with: district attorneys Driving School Free Speech Mecklenburg County Sect. 1983 Wrongful-Discharge Claim

Jaison  v. Lay. (Lawyers Weekly No. 10-02-1029, 3 pp.) (Britt, J.). U.S.W.D. Plaintiff cannot show his due process rights were violated by the state’s failure to follow through with the civil tax assessment procedures prior to prosecuting plaintiff for tax-related ...

Tagged with: Civil Rights Sect. 1983 Tax

Hill v. Robeson County. Plaintiff alleges that, while she was on pre-trial supervision, a county resource officer and three deputies sexually abused her. She has failed to show that the county is liable for these men's alleged actions. The court grants the motions to dismiss of the county and its officials.

Tagged with: Civil Rights Municipal Sect. 1983 Sexual Abuse

Three police officers from the Town of Clayton went to the home of the Hispanic plaintiff late at night in search of another Hispanic man who had run away from his probation officers. The officers unlawfully searched the curtilage of ...

Tagged with: Civil Rights Curtilage Emotional Distress Excessive Force Municipal municipal law Sect. 1983 sovereign immunity

The plaintiffs alleged that a special education assistant under the supervision of the special education teacher physically and emotionally abused the minor plaintiff, a nonverbal, severely disabled elementary student, in the school’s self-contained classroom. The plaintiffs specifically alleged that the ...

Tagged with: Negligence personal injury Post-Traumatic Stress Disorder Sect. 1983