Category Archives: Qualified immunity

D.Utah: Defendant in prior dismissed federal action by state consumer protection agency refiled in state court won’t prevent state from using evidence obtained for that action

The state sued in federal court for relief, and it got a TRO, but the claim was later dismissed. Copies of records were made and originals returned. After the state sued in state court, the defendants sought application of the … Continue reading

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Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It?

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It? by Jacob Sullum The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.

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CA7: Handcuffing winded obese man behind his back led to death because of unknown heart condition; not excessive force

Plaintiff’s decedent was in a foot chase with officers after a shoplifting incident. He was winded, obese, and, unknown to officers, had a heart condition. He was handcuffed behind his back and died from lack of oxygen in his blood. … Continue reading

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CA10: Causing a handcuffed unseatbelted arrestee to be bounced around the back seat while driving fast and recklessly states an excessive force claim; no QI

“McCowan based his excessive-force claim on his assertion that Officer Moralez placed McCowan in the back seat of a patrol car, handcuffed behind his back and unrestrained by a seatbelt, and then drove recklessly to the police station, knowing his … Continue reading

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D.Md.: Conviction at trial despite reversal on appeal forecloses § 1983 false arrest case

Plaintiff was charged with OVI and was convicted at trial. On appeal to the next level he was found not guilty of that but convicted of evading an interlock device. He sued over the OVI arrest, and it is dismissed … Continue reading

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CA5: Def was stopped on RS when officers arrived at a drug house to serve an arrest warrant; he could have been armed or would warn others

Defendant’s Fourth Amendment rights were not violated by officers who stopped on reasonable suspicion to stop him based on the fact that defendant was told to stop when he walked away from officers and attempted to leave their field of … Continue reading

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D.V.I.: On reopening suppression hearing, govt proves inevitable discovery of def’s DNA

In a prior post, United States v. Wrensford, 2019 U.S. Dist. LEXIS 138235 (D. V.I. Aug. 15, 2019), the court held that the government didn’t get the benefit of inevitable discovery of defendant’s DNA for lack of proof. The court … Continue reading

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CA9: DC erred in defining 4A at too “high [a] level of generality”; school officials get QI

Plaintiff was restrained in school for behavioral problems. The case law is not clear as to whether this was a Fourth Amendment violation or not because some restraint in school is reasonable. The district court found a Fourth Amendment violation … Continue reading

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CA9: Not clearly established that shooting a bloody man waving a sharp stick at adults and children at a soccer field was clearly established

Plaintiff was bloody and wielding a sharp stick at adults and children at a soccer field. He disobeyed police commands. He was finally shot when he was kneeling and far enough away from others that he was a lesser threat. … Continue reading

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D.Kan.: Seeing shot man slumped against window in a motel room is quite obviously exigency

Clearly exigent circumstances for a warrantless entry into a motel room: “Based on the facts in this case, the court finds that the officers had a reasonable basis to believe that there was an immediate need to protect the safety … Continue reading

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CA6: Def let a man into his house to talk to his wife; he was a plainclothes officer who didn’t ID himself and saw def handle a firearm, and def was a felon; no deception for entry

“While at home on a cold November morning, William Wooden heard a knock at the door. Upon opening it, Wooden was greeted by a man asking to speak with Wooden’s wife. Wooden went to get her. And he allowed the … Continue reading

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CA5: Even assuming 4A violation, ptf doesn’t show it was clearly established

“In short, we decline to opine on whether Campbell’s actions amount to a [Fourth Amendment] violation. Robles failed to meet his burden to show that such a violation was clearly established, particularly when dealing with an underlying violent crime. Accordingly, … Continue reading

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