Cases

Karels v. Storz 8thCIR 15OCT2018

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This is another 42 USC 1983 civil suit for excessive use of force. In this case, the 8th Circuit denied Qualified Immunity to a tall and physically fit LEO who body-slammed a short and fat drunk woman while arresting her for non-violent misdemeanors stemming from a complaint made by the person with whom she lived.  […]

Cases

Conlogue v. Hamilton 1stCIR 11OCT2018

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This case is about whether an officer should be granted qualified immunity in a 42 USC 1983 civil suit alleging excessive use of force when a SWAT-trained Maine State Trooper shot an killed an armed civilian after a prolonged standoff.  Citing Graham v. Connor, 490 U.S. 386 (1989) and Pearson v. Callahan, 555 U.S. 223 […]

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

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

Lee v. Tucker 10thCIR 24SEP2018

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A domestic altercation between a man and his wife who were both drunk resulted in a 911 call to the police by the wife. Deputies respond and entered the house with the consent of the wife.  During the encounter, the husband tried to move to the kitchen and a deputy attempted to stop him, first […]

Cases

Glasscox v. City of Argo 11thCIR 12SEP2018

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This case is a civil suit under 42 USC 1983 for the excessive use of force by a police officer when he tased the plaintiff four times in rapid succession.  In a set of facts eerily similar to Graham v. Connor, the plaintiff was suffering from diabetic shock while driving and was pulled over by […]

Cases

Westfall v Luna 5thCIR 13SEP2018

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This is another 42 USC 1983 case for Fourth Amendment violations including False Arrest and Excessive Use of Force.  Responding to a call that two teenagers were unlawfully in a neighbor’s house, the police responded to the home of one of the offending teenagers at 2:00 AM.  The officers demanded to the teen’s mother (the […]

Cases

Lenicomn v. City of Dallas 5thCIR 5SEP2018

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This is a 42 U.S.C. 1983 action where the plaintiff alleged police officers violated his Fourth Amendment rights when they forcibly made a warrantless entry into his house to render medical assistance as a result of a 911 call.  The plaintiff also alleged excessive use of force when the officers used pepper spray to gain […]

Cases

Morrow v. Meachum 5thCIR 08MAR2019

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The use of a “rolling block” on a speeding motorcyclist results in a crash and death of the motorcyclist. The family sued for excessive use of force. The court granted qualified immunity to the officer because the plaintiff failed to identify a controlling precedent rendering it “beyond debate”—such that any reasonable officer would know, even […]

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 […]