Category Archives: Excessive force

CA9: Bivens could be extended to excessive force and 1A retaliation claim against CBP officer

Bivens could be extended to a Fourth Amendment illegal entry and excessive force claim and First Amendment retaliation by the CBP agent by reporting plaintiff to the IRS. Boule v. Egbert, 2020 U.S. App. LEXIS 36559 (9th Cir. Nov. 20, … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off on CA9: Bivens could be extended to excessive force and 1A retaliation claim against CBP officer

NJ: Occupants of car leaving area of a robbery not responding to light in the eyes as it passed by is not RS

The officer on his way to a robbery call used the spotlight on his patrol car to illuminate the interior of cars passing by him in the other lane. When the occupants of defendant’s car didn’t respond the same as … Continue reading

Posted in Excessive force, Reasonable suspicion | Comments Off on NJ: Occupants of car leaving area of a robbery not responding to light in the eyes as it passed by is not RS

OH10: Anonymous 911 call didn’t support def’s stop

A 911 anonymous tipster’s call wasn’t justification for defendant’s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. … Continue reading

Posted in Excessive force, Good faith exception, Plain view, feel, smell, Probable cause, Reasonable suspicion, Standards of review | Comments Off on OH10: Anonymous 911 call didn’t support def’s stop

CA9: Excessive force claims don’t require damages

Plaintiff showed a prima facie case of excessive force in violation of clearly established law, even without damages, to go forward. Cortesluna v. Leon, 2020 U.S. App. LEXIS 33792 (9th Cir. Oct. 27, 2020):

Posted in Excessive force | Comments Off on CA9: Excessive force claims don’t require damages

CA9: Advancing on a prior victim with a knife resulted in a police shooting, and QI applied

“The district court found that no controlling precedent had clearly established that Omar’s right under the Fourth Amendment to be free from the excessive use of deadly force by police would be violated when he was shot and killed as … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA9: Advancing on a prior victim with a knife resulted in a police shooting, and QI applied

CA9: Tight handcuffing can be excessive force, but this wasn’t

Tight handcuffing can be excessive force. Here, plaintiff complained, and they were loosened. He had only a slight bruise. That’s normal, and summary judgment was properly granted against that claim. Reyes v. City of Santa Ana, 2020 U.S. App. LEXIS … Continue reading

Posted in Excessive force, Motion to suppress, Probable cause | Comments Off on CA9: Tight handcuffing can be excessive force, but this wasn’t

CA8: Negative patdown didn’t remove threat when ptf reached for waistband and was shot

Plaintiff was patted down (it appears more of a full search incident) and then fled and reached for his waistband and was shot. A gun was overlooked in the patdown. “We therefore conclude that Officer Ashcraft is entitled to summary … Continue reading

Posted in § 1983 / Bivens, Excessive force, Probable cause, Qualified immunity | Comments Off on CA8: Negative patdown didn’t remove threat when ptf reached for waistband and was shot

CA6: Must ID the police tortfeasor under § 1983 or all avoid liability

Where one of three police officers struck a gratuitous blow that caused a brain injury and plaintiff couldn’t tell which one did it, they all avoid liability under § 1983. Pineda v. Hamilton County, 2020 U.S. App. LEXIS 31404 (6th … Continue reading

Posted in Excessive force | Comments Off on CA6: Must ID the police tortfeasor under § 1983 or all avoid liability

E.D.N.Y.: Fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in CA2

The fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in the Second Circuit. Therefore, illegally seized evidence can be considered for probable cause to arrest. Smith v. Degirolamo, 2020 U.S. Dist. LEXIS 176310 (E.D. N.Y. Sept. … Continue reading

Posted in § 1983 / Bivens, Excessive force, Probable cause | Comments Off on E.D.N.Y.: Fruit of the poisonous tree doctrine doesn’t apply in § 1983 cases in CA2

The Intercept: Texas Deployed Swat, Bomb Robot, Small Army of Cops to Arrest A Woman and Her Dog

The Intercept: Texas Deployed Swat, Bomb Robot, Small Army of Cops to Arrest A Woman and Her Dog by Seth Harp (“She had done nothing wrong. State troopers started following her because of ‘anti law enforcement rhetoric’ on her car … Continue reading

Posted in Excessive force, Warrant execution | Comments Off on The Intercept: Texas Deployed Swat, Bomb Robot, Small Army of Cops to Arrest A Woman and Her Dog

WaPo: Louisville agrees to $12 million payout and policing changes in pact with family

WaPo: Louisville agrees to $12 million payout and policing changes in pact with family of Breonna Taylor, killed in police raid by Tim Craig & Marisa Iati (“The city of Louisville announced a $12 million settlement Tuesday with the family … Continue reading

Posted in Excessive force, Knock and announce | Comments Off on WaPo: Louisville agrees to $12 million payout and policing changes in pact with family

WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters.

WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters. by Tim Elfrink (“Every few years since 2001, the military has invited reporters to get zapped by a ‘heat ray.’ The … Continue reading

Posted in Excessive force | Comments Off on WaPo: Safety and ethics worries sidelined a ‘heat ray’ for years. The feds asked about using it on protesters.

CA6: Police dog biting handcuffed, prone, and nonresisting arrest is excessive force

A police dog bit plaintiff while he was handcuffed and on the ground. That’s excessive force if a jury believes it was gratuitous. Qualified immunity denied. Hammond v. County of Oakland, 2020 U.S. App. LEXIS 28285 (9th Cir. Sept. 4, … Continue reading

Posted in Excessive force | Comments Off on CA6: Police dog biting handcuffed, prone, and nonresisting arrest is excessive force

CA11: No QI for killing decedent for trying to grab Taser to stop Tasering

“This fatal shooting ‘lies so obviously at the very core of what the Fourth Amendment prohibits that the unlawfulness of the conduct was readily apparent’ even without a prior case on point.” No qualified immunity. Cantu v. City of Dothan, … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA11: No QI for killing decedent for trying to grab Taser to stop Tasering

CA5: Bivens not extended to excessive force claim on entering VA hospital

Bivens won’t be extended to an alleged unprovoked attack at a VA hospital metal detector. Oliva v. Nivar, 2020 U.S. App. LEXIS 28052 (5th Cir. Sept. 2, 2020). “The issue before the Court is whether the Government violated Rule 16 … Continue reading

Posted in § 1983 / Bivens, Consent, Excessive force | Comments Off on CA5: Bivens not extended to excessive force claim on entering VA hospital

CA6: CoA denied; consent conceded in guilty plea, and def now claims it was insufficient

“Hawkins conceded in his criminal proceeding that he consented to Fults’s search of his vehicle. To the extent that he now claims that his consent was insufficient because he did not own the vehicle, reasonable jurists would agree that his … Continue reading

Posted in Consent, Excessive force | Comments Off on CA6: CoA denied; consent conceded in guilty plea, and def now claims it was insufficient