Category Archives: Excessive force

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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CA7: Police shooting at a car shooting at others was a reasonable use of deadly force

Police shooting at a car that just fired at others was not an unreasonable use of deadly force against the occupants. Ybarra v. City of Chicago, 2020 U.S. App. LEXIS 62 (7th Cir. Jan. 3, 2020):

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WaPo: Police used a stun gun on a grandmother three times after she wouldn’t let them enter her home

WaPo: Police used a stun gun on a grandmother three times after she wouldn’t let them enter her home by Lateshia Beachum (“She is facing two felony charges of resisting arrest and battery on an officer after an interaction with … 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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OH10: DV victim who shared house had apparent authority to consent to search for weapon

Police were called to a domestic disturbance, and the victim in the house had the apparent authority to consent to search of a Home Depot bucket in their house where a gun was found. State v. Henize, 2019-Ohio-5202, 2019 Ohio … Continue reading

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Two on excessive force and QI

“We conclude that Detective Minium is entitled to qualified immunity. It was not clearly established in August 2014 that an officer uses excessive force when he tackles and uses a taser in “drive stun” mode on an individual he is … Continue reading

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Philadelphia Inquirer: It should be unconstitutional when police officers kill fleeing felony suspects, Philly DA’s office says

Philadelphia Inquirer: It should be unconstitutional when police officers kill fleeing felony suspects, Philly DA’s office says by Chris Palmer:

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E.D.Mich.: Private security guards conducting search for weapon and turning over to police was private search

Two private security guards searched defendant, allegedly without probable cause, and seized a gun off of him which they turned over to the police. This was purely a private search not implicating the Fourth Amendment. The court also declines to … Continue reading

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OH5: Officer doesn’t need to be able to quote a statute in court to issue a ticket for violation of it

Even if the officer had an ulterior motive for defendant’s stop, it was based on probable cause of a traffic offense. The fact the officer couldn’t quote the statute in court doesn’t show that the stop was unreasonable or without … Continue reading

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