Category Archives: Excessive force

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

Posted in Drug or alcohol testing, Excessive force, Police misconduct | Comments Off

CA7: Plainclothes officers have to ID themselves when making a stop

“The jury instructions on Terry stops, however, were inadequate. Over Doornbos’s objection, the court instructed the jury only on investigatory stops but not frisks. Yet Officer Williamson’s own testimony indicates that he was starting a frisk when he first approached … Continue reading

Posted in Excessive force, Stop and frisk | Comments Off

CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

Posted in § 1983 / Bivens, Body searches, Excessive force, Qualified immunity | Comments Off

CA10: Not clearly established that even minimal force can be used to resist alleged unlawful search

Plaintiffs were involved in a domestic dispute outside their trailer that had started to cool down, or so they said. One wanted to go into the house to retrieve shoes, but the officer insisted on following to be sure there … Continue reading

Posted in Arrest or entry on arrest, Excessive force | Comments Off

WaPo Editorial: Police brutality is no joke, Mr. President

WaPo Editorial: Police brutality is no joke, Mr. President:

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WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’

WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’ by Cleve R. Wootson Jr. & Mark Berman:

Posted in Excessive force, Police misconduct | Comments Off

WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated

WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated by Philip Bump:

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WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea by Radley Balko. The case is Harte v. Bd. of Commissioners, 2017 U.S. App. LEXIS 13399 (10th Cir. July 25, 2017), over a … Continue reading

Posted in Excessive force, Probable cause | Comments Off

UPI: Mississippi police kill man while serving warrant at wrong house

UPI: Mississippi police kill man while serving warrant at wrong house by Ray Downs: Close to midnight on Sunday, Southaven, Miss., police arrived at the wrong house to serve an arrest warrant and shot a man dead in his own … Continue reading

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CA10: Where one in car flashed gun in a bar, it was reasonable to order occupants to ground when stopped

Defendant was seen flashing a gun in a bar in Colorado, and police got a specific description including hair braids and dress from the wait staff. When the car was seen, officers ordered the occupants out and to the ground … Continue reading

Posted in Excessive force, Reasonableness, Stop and frisk | Comments Off