Cases

Shumpert v. City of Toledo 5thCIR 24 SEP2018

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It was a warm, muggy summer night in Tupelo, Mississippi, when Officer Senter saw a car he believed was involved in narcotics activities. The officer pulled the car over when he noticed the car had a non-functional tag light and failed to indicate at a turn.  Once stopped, the driver of the car (Shumpert) fled on […]

Cases

Williams v. Strickland 4thCIR 05MAR2019

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Held: It is unreasonable use of force for officers to continue to shoot at moving vehicle after it was past them and they were no longer in the trajectory of the vehicle and no one else was in its path.  Since this is well established law, no qualified Immunity. To read or download a copy […]

Cases

Escalera-Salvador v. United States 1stCIR 19DEC2018

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This is a case from Puerto Rico based on a Federal Torts Claim Act (FTCA) claim arising from an altercation when an HSI Special Agent shot the plaintiff (Escalera) who is a known drug trafficker and gang leader when they were clearing the residence prior to executing a search warrant.   The judge ruled in favor […]

News

Hensley v. Price – A Warning About Warnings

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On November 17, 2017 the United States Court of Appeals for the Fourth Circuit issued the opinion Hensley on behalf of North Carolina v. Price (876 F.3d 573).  The plaintiffs in this §1983 federal civil suit alleged that two sheriff’s deputies used excessive force when they shot and killed David Hensley outside his home on […]

Cases

Begin v Drouin 1stCIR 16NOV2018

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In this case, the First Circuit denied qualified immunity to an officer who shot a person in a psychiatric unit who was cutting himself.  The court concluded that considering the facts as alleged, it was unreasonable for the officer to use deadly force to stop a person who presented only a danger to himself. To […]