Cases

Dockery v. Blackburn 7thCIR 19DEC2018

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The defendant in this case, Patrick Dockery, was arrested for domestic violence at his girlfriend’s apartment. Apparently, the ride to the police station did nothing to calm him down and as he was being fingerprinted, he became confrontational, fell over, and started kicking wildly at the two officers in the booking area who were trying […]

Cases

United States v. Johnson   11thCIR   16APR2019

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At 0400 one morning in Opa-Locka Florida, police were dispatched to respond to a report of a burglary in progress. The caller provided a description of the burglar. An officer responding to the call saw the defendant (Johnson) standing in a dark alley. Johnson matched the description, so the officer detained him and frisked him. […]

Cases

United States v. Houston   8thCIR   10APR2019

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At 0100 three officers are dispatched to a neighborhood in Davenport, Iowa to respond to “shots fired” disturbance complaints. This neighborhood accounted for nearly a third of all shots fired calls for the preceding ten-month period. When they arrived, the officers spotted Houston with their flashlights.  Houston ran and did not stop when they commanded […]

Cases

United States v. Cherry   7thCIR   08APR2019

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The defendant went to pick up heroin from his supplier and was totally unaware the supplier had already been arrested and had agreed to assist law enforcement in order to get a “better deal.”  The arrest man (now a CI) provided significant information about how the deal was supposed to go down. With the CIs […]

Cases

Pagan-Gonzalez v. Moreno   1stCIR   22MAR2019

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Key Phrases: Consent, Deception, Qualified Immunity, Search Back in October of 2013, ten federal Special Agents went to the door of the plaintiff Pagan- Gonzalez who lived with his parents in Puerto Rico.  One of the agents told the plaintiff that they were there because a modem or computer in the house was “sending a […]

Cases

Sebastian v. Ortiz   11thCIR   14MAR2019

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Key Phrases: Qualified Immunity, Use of Force, Handcuffs In this 42 USC 1983 civil suit for excessive use of force, the plaintiff alleged that police officers intentionally applied handcuffs too tight for the purpose of inflicting pain and that this use of force was gratuitous and excessive because he was under control and was obeying […]

Cases

Cruise-Gulyas v. Minard   6thCIR   13MAR2019

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Key Phrases: Traffic Stop, Seizure, First Amendment, Free Speech, Qualified Immunity “Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.” In this case, an officer gave a driver a break when he cited […]

Cases

United States v Bishop 7thCIR 7DEC2018

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After the defendant shot a customer in a drug deal gone wrong, the police obtained a warrant to search his cell phone and authorized the seizure of: “ … any evidence (including all photos, videos, and/or any other digital files, including removable memory cards) of suspect identity, motive, scheme/plan along with DNA evidence of the […]

Cases

Muschette v Gionfriddo 2ndCIR 7DEC2018

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This is a civil suit against a police officer in West Hartford, Connecticut for the use of a Tazer on a deaf student.  The plaintiff in this case (Muschette) is a 12-year-old at the American School for the Deaf in West Hartford.  The Dean of the school called 911 and reported the plaintiff was “out […]

Cases

United States v Polite 8thCIR 6DEC2018

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It was a chilly Halloween night in Omaha, Nebraska when at about 2230 police in an unmarked car were monitoring an apartment parking lot at the request of the manager.  The apartment complex was known for narcotics, firearms, and even homicides.  The officers observed a group of about 20 people in the parking lot.  The […]