Category Archives: Excessive force

D.N.M.: Govt’s rationale for impoundment failed: car was in a safe residential neighborhood in front of a friend’s house who said he’d watch it

Defendant was buying the car searched from his sister, although it was still in her name and registered to her. He had standing to challenge its search. The government’s rationale for impoundment was community caretaking, but the car was parked … Continue reading

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The New American: Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case Written by  Bob Adelmann

The New American: Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case by Bob Adelmann:

Posted in Body cameras, Excessive force, Police misconduct | Comments Off

Reason.com: Shackling Elementary School Kids Above Elbow Found to Violate the Fourth Amendment

Reason.com: Shackling Elementary School Kids Above Elbow Found to Violate the Fourth Amendment by Brian Doherty:

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OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

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CA1: QI for excessive force doesn’t require a case exactly on point; Garner is close enough for a jury to find liability

The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun … Continue reading

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WaPo: An innocent man lost his spleen after police shot him during a drug raid. The courts and city government say tough luck.

WaPo: An innocent man lost his spleen after police shot him during a drug raid. The courts and city government say tough luck by Radley Balko:

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D.Md.: Private extradition company’s employees could be sued under § 1983 and due process clauses but not 4A since he’s a pretrial detainee

Plaintiff sued an extradition company, Prisoner Transport Services of America (PTS) under § 1983 as a state actor and the Fourth Amendment and due process clauses for inmate abuse in a transport van, describing ugly conditions of transport. “While Plaintiff … Continue reading

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WaPo: Cross-border slaying: Can dead teen’s family sue US agent? — Reargument in CA5

WaPo: Cross-border slaying: Can dead teen’s family sue US agent? by Kevin McGill: 

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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:

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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

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