Cases

Clark v. Clark 8thCIR 13JUN2019

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A principal of a school calls 911 and reports gunshots coming from the direction of nearby woods. Two deputies arrive at a rest area 150 yards from the school to find a person there (Clark) talking on his phone.  Clark voluntarily gave the officers his driver’s license, retired military ID, and concealed carry permit. When […]

Cases

United States v Fiseku 2ndCIR 4OCT2018

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The use of handcuffs doesn’t necessarily turn a Terry Stop into a de facto arrest. The defendant and two other men were detained under a Terry Stop.  The officers told the men they were not under arrest and did not Mirandize them.  The officers then conducted a Terry Frisk and  handcuffed the men during the […]

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 […]