Category Archives: Excessive force

Phila. Inquirer: Why did more than 1,000 people in the U.S. die after police subdued them with force that isn’t meant to kill?

Phila. Inquirer: Why did more than 1,000 people in the U.S. die after police subdued them with force that isn’t meant to kill? by Reese Dunklin, Ryan J. Foley, Jeff Martin, Jennifer McDermott, Holbrook Mohr, and John Seewer, Associated Press … Continue reading

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CA6: It’s clearly established that RS or PC required for a traffic stop

It was clearly established at the time that reasonable suspicion or probable cause was required for a traffic stop. Fact issues remain, so no qualified immunity. King v. City of Rockford, 2024 U.S. App. LEXIS 7327 (6th Cir. Mar. 28, … Continue reading

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W.D.Wash.: DNA warrant isssued with PC not quashed before execution

Because there is probable cause for defendant’s DNA warrant, the court declines to quash it before execution, let alone even discuss what the standard would be to do so. United States v. Campbell, 2024 U.S. Dist. LEXIS 53075 (W.D. Wash. … Continue reading

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CA9: Even if 5th and 6th shots into decedent’s body were unreasonable, the officer gets QI

Even if the jury could conclude that the fifth and sixth shots into decedent’s body were unreasonable, the officer was entitled to qualified immunity because decedent was trying to get up and there’s no clearly established law. Est. of Hernandez … Continue reading

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D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

Release pending appeal denied. “Fourth, Ballenger has not shown that her arguments regarding the sealing of documents obtained under the search warrant for her Facebook account present a substantial question as to, or had any material impact on, the validity … Continue reading

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CA4: Ptf, a contract jail nurse, states a claim for being strip searched when mistaken for inmate [in scrubs]

Plaintiff is a nurse, and, for her first day on the job at this jail, she was accidentally strip searched when she was mistaken for a weekender. She stated a claim for relief that survives summary judgment and qualified immunity. … Continue reading

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TX5: lack of a prompt determination of PC to detain def is moot by the time the trial starts

The lack of a prompt determination of probable cause to detain defendant is moot by the time the trial starts. Moses v. State, 2024 Tex. App. LEXIS 950 (Tex. App. – Dallas Feb. 6, 2024). “Taking as true that Agent … Continue reading

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OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. … Continue reading

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CA5: This circuit’s “moment of threat” doctrine for excessive force should be re-examined as contrary to Garner

The “moment of threat” doctrine of excessive force cases in this circuit seems contrary to Tennessee v. Garner, and it should be revisited by the whole court. Barnes v. Felix, 2024 U.S. App. LEXIS 1530 (5th Cir. Jan. 23, 2024):

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N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

Use of a cell phone cash app to facilitate spending PPP loan fraud justified warrant for phone. United States v. Foster, 2024 U.S. Dist. LEXIS 11369 (N.D. Ga. Jan. 22, 2024). Codefendant’s case: United States v. Baptiste, 2024 U.S. Dist. … Continue reading

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W.D.Ark.: Manhandling a diabetic who passed out while driving gets no QI; law well established

Plaintiff, a diabetic, had a car wreck while in a low blood sugar episode. From the court’s opinion, it’s clear the officers had no idea what they were doing when they handcuffed and Tased her for no apparent reason, then … Continue reading

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CA8: Police dog’s accidental biting of guest of officer not 4A excessive force

Police dog’s charging and biting a guest of the officer was accidental, not excessive force. Fourth Amendment claim dismissed. Whitworth v. Kling, 2024 U.S. App. LEXIS 1039 (8th Cir. Jan. 17, 2024) (The court cited a 1999 Arkansas case that … Continue reading

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Guam: Seizure of USB found during frisk for officer safety unreasonable; clearly not a weapon

During a stop for stalled car, officer safety dictated the officer conduct a patdown. Seizure of a USB off defendant’s keyring was unreasonable. The stop should have ended there. Instead, the officer asked for consent which the court finds involuntary … Continue reading

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D.Mass.: No PC here, and government’s GFE argument is generic and unhelpful

The affidavit for warrant here failed to show probable cause to believe a pill manufacturing operation would be found there. There was old information in the affidavit, but it was stale on its own. Also, defendants moved in the meantime … Continue reading

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CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

Defendant’s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. … Continue reading

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LA2: Arrest allegedly in violation of 4A leads to officer’s indictment, which is quashed because of justification

The officer here was charged with malfeasance in office for violating the Fourth Amendment by handcuffing a detainee for whom he was told there was an arrest warrant after he revoked consent to search: “I have someone you can talk … Continue reading

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CT: SW mentioned in a police report wasn’t Brady information

An FBI 302 mentioned a search warrant, and all of this in context did not amount to a Brady violation. Reyes v. State, 2023 Conn. App. LEXIS 272 (Nov. 28, 2023). “We conclude, based on the record, that the district … Continue reading

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CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

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CA11: The bodycam video showed the altercation with ptf and hospital security was reasonable

The bodycam video of plaintiff’s altercation with two hospital security guards showed they were entitled to qualified immunity. Scott v. Harris. Bouvier v. City of Covington, 2023 U.S. App. LEXIS 30822 (11th Cir. Nov. 20, 2023).* In excessive force cases, … Continue reading

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CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

There was no corroboration of the incriminating part of the CI’s tale that defendant, a convicted felon, kept a gun hidden under the hood of his car. “But Officer Princivalli had no reason to find Moore’s statements untrustworthy or unreliable. … Continue reading

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