Susan Kirkpatrick, Appellant; John Zitz and Transamerica Insurance Company, Appelles; Kirkpatrick originally filed a complaint in trial court for a skunk bite she received while in a pet store owned by John Zitz. The trial court dismissed the complaint. Susan Kirkpatrick then appealed the decision, suing the insurance company of John Zitz, Transamerica Insurance Company, for intentional infliction of emotional distress by telling Zitz to not tell Kirkpatrick that the skunk she was bitten by, had been lost.
Timothy Mitchell, father of 5 and a residence of Sault Ste Marie who is trying suing the Sault Ste. Marie Police Services Board. His claim is that during an arrest one of the officers, Keating who was detaining him had used unnecessary force. Mitchell had been struck by Keating near his left upper abdomen. During his hims time at the police station Mitchell claimed that Keating said “abuse, provocative and demeaning comments” and that Keating also pushed him from behind while sitting on a bench in a cell and as he left Keating he gave a “rude and abusive gesture to Mitchell”.During his stay at the police station Mitchell wasn’t allowed to call a lawyer or seek medical help before he was brought to his cell. Just two days after the arrest Mitchell had a CT test performed on him that showed that his injury were causing bleeding and air escaping from his lungs into other parts of
In a private residence community, the Houston police had gotten a call about a weapons disturbance in the apartment of John Lawrence. John Lawrence was having drinks with two other people, who were Robert Eubanks and Tyron Garner, a few hours before the weapons disturbance was reported. Robert Eubanks, jealous of John Lawrence and Tyron Garner flirting with one another, decided to get a soda at a vending machine and called the police saying “a black male going crazy with a gun” was in the apartment (The New Yorker). The Houston police arrived at 11 pm to the unlocked apartment and entered to find John Lawrence and Tyron Garner having consensual intercourse. In 1973, the Texas Penal Code had
Uloma Walker-Curry and Cleveland Fire Fighter Lt. William Walker were newlyweds, married just four months before the husband was shot to death in front of their home as the wife was packing up to move into their new house.
(Morris & Pilon, 1992) The yelling that the guests’ and neighbour had heard mingled with what sounded like fighting, what was heard from the guests’ were sounds of pushing, shoving and thumping. (Morris & Pilon, 1992) During this conflict Lavallee had apparently cried out “he punched me in the face” more than once, subsequently after the fighting had happened people around and inside the house had heard gunshots. (Morris & Pilon, 1992) Lavallee had, indeed, fired 2 shots at Rust with a .303 calibre shotgun, the first shot had missed rust and the second shot pierced the back of Rusts’ head, killing him as he was leaving the room. (Morris & Pilon, 1992) Prior to the shooting, Lavallee claims that Rust would have killed her if she did not kill him, this was heard from Lavallee by the arresting officer while Lavallee and the officer were on their way to the local police station, Lavallee had also told the officer that Rust said he would kill her when all the guests had left the party. (Morris & Pilon, 1992) Afterward, a police officer and a doctor had pieced together the injuries on Lavallee’s body and noticed that the injuries she had; represented the defensive stance she took during the physical
Twenty five year old, Nancy Cruzan lived in the state of Missouri. Unfortunately, One night Nancy was involved in a very serious automobile accident on January 11, 1983 where she was coming home from working a long evening shift. Nancy Cruzan drove a very old vehicle, so it lacked seatbelts. Cruzan lost control of her vehicle, hit a pole and her car overturned and flipped numerous times. Nancy was ejected from her car driver seat and was found face first in a ditch. The first person who found her on the scene was a state trooper at one am in the morning. The state trooper ran straight to Nancy as he saw her lying on the ground in the ditch. She had no pulse and was not breathing, no CPR was performed at this time. The state trooper called 911
Miranda v. Arizona took place in 1996. The case involves a Hispanic man named, Ernesto Miranda and the state of New York. Miranda is being charged with rape and kidnapping. He was held in interrogation for a lengthy amount of time until he eventually confessed. He was found guilty and the conviction was approved by the supreme court because he did not request a lawyer. Throughout this case the supreme court addressed four other cases that involved custodial interrogations. Issues involving this case is whether or not the Fifth Amendment, which gives us the right to self-incrimination, is being violated when someone is put under arrest and is brought in for the purpose of interrogation and is not informed of his rights to not speak
On 10/25/15 I arrived at 6011 Jacksonville-Conway Road in reference to a possible shooting call. Upon arrival I made contact with Margaret Davis, who advised that on this date her ex-husband, Jerry Davis, shot himself at his residence. I observed Mr. Davis in a medical bed in the living room of his residence with a small caliber handgun in his right hand and laying on his chest. I also observed a spent .22 Long Rifle cartridge laying on Mr. Davis' shirt next to his right hand. Mr. Davis did not have any immediately observable wounds but he did have a small area of blood coming from around his mouth and was obviously deceased. Sgt. Bowden was notified of the incident. MEMS unit #619 responded to check for signs of life on Mr. Davis and medical instruments indicated a shallow arrhythmia. MEMS began CPR on Mr. Davis and
Upon seeing the ongoing situation, a bystander Terry Taylor came to give help to the injured officer but was also shot in his head which caused his imminent death. Several police officer showed up to the scene and was interchanging gunfire with Harold. Harold was soon shot down by a bullet and was rushed to the hospital for medical. During Harold’s trial, he showed no emotion to whether he felt what he had done was wrong.
A few moments later, Graham and Berry were stopped by Officer Connor in order to perform an investigative search on them. While Connor returned to his patrol car in order to call for backup, Graham got out of Berry’s car, ran around it twice, and passed out while he sat down on the curb. When backup came, one of the officers cuffed Graham while Berry pleaded officers to consider his health. The officers ignored the situation about his health and continued to use force on Graham as they shoved him into the police car. Berry tried to hand Graham some orange juice but the officers refused to let him have it. Eventually, the officers received a report that both men did nothing wrong and let Graham and Berry go home. In result of this situation, Graham received a broken foot, cuts, bruises on his forehead, and an injured shoulder. In Graham’s case, “The District Court granted the respondent's motion for a directed verdict at the close of Graham's evidence, applying a four-factor test for determining when excessive use of force gives rise to a 1983 cause of action” (“Graham vs. Connor.”), which inquires whether the force was applied in a good applied manner to
Facts of the Case: In 1969, petitioner was indicted with two others for rape of petitioner’s wife. Following these allegations, the petitioner filed a motion for a continuance so that he might be further examined and receive psychiatric treatment. Although, that motion was denied and the case proceeded with trial. The petitioner’s wife testified, repeated, and confirmed that the petitioner had been acting very strange lately and she changed her mind several times before coming to the trial about whether or not to testify because the petitioner tried to kill her the Sunday prior to trial. On the second day of the trial petitioner shot himself
In this case, a divided married couple Charles and Tracey Thurman experienced a vicious split-up. Documents report, the first time Tracey had contact with the Torrington Police Department (TPD) (October 1982) was after her husband became violent towards Charles Thurman, Jr (son) out of the residence. Sadly, officers from the TPD refused to take Tracey's complaint resulting in the escalation of Charles violent behavior. As the violence escalated on November 09, 1982 while Tracey was sitting in her vehicle Charles approached, and started yelling threats and untimely resulting in him smashing her windshield. This was all witnessed by TPD Officer Neil Gemelli as he stood on the street watching Charles activities. As a consequence, Charles was arrested and booked into the county jail for "breaching the peace" and charged and got six months with a two-year order to stay away from Tracey. (Tracey Thurman, et al. v. City of Torrington, et al (United States District Court for The District of Connecticut October 23, 1984)
Trayvon Martin was only seventeen years old when he was shot and killed by George Zimmerman on February 26, 2012 in Sanford, Florida. Martin was on the phone with his girlfriend prior to the shooting, not partaking in any sort of criminal activity. He was carrying a bag of Skittles in his pocket, not a weapon of any kind. Despite this, Zimmerman claimed he shot Martin in “self-defense”. He was charged with second-degree murder, but found not guilty. This verdict sparked an outrage, igniting a flame for justice under the American people. Nation-wide rallies and protests put Florida’s self-defense laws under fire; in particular its stand your ground laws. Stand your ground laws are cemented around a person being able to use whatever force they
Facts: Darryl Turner, a seventeen-year-old grocery store bagger, is the deceased in this wrongful death case. Turner was fired and refused to leave the store’s premises peacefully, the police were then called. Police officers used a Taser twice on Darryl while taking him into custody, after collapsing he was unable to be revived. Tammy Lou Fontenot was charged with administering Turner’s estate. This case was tried by jury, they found for the plaintiff and awarded $10 million in damages. Taser filed posttrial motions
Both victims sued Centennial Hills Hospital in civil court, claiming the hospital knew or should have know Mr. Farmer was a threat. One case was settled without going to trial in 2013. The other victim committed suicide in 2013, but her claim is still being