Category Archives: Excessive force

Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed. By Billy Binion (“An encouraging sign from the Supreme Court.”)

Posted in Excessive force, Qualified immunity, SCOTUS | Comments Off on Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

CA5: Tasering a man threatening suicide who doused himself in gasoline was subject to qualified immunity when the Taser set him on fire

Plaintiff’s decedent doused himself in gasoline and threatened to burn the house down with six people inside. He had a lighter in hand. The officers used their Tasers on him as a last resort, and that caused him to burst … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA5: Tasering a man threatening suicide who doused himself in gasoline was subject to qualified immunity when the Taser set him on fire

CA9: California negligent excessive force law broader than 4A; ptf stated claim

California negligence law permits negligent excessive force actions where the Fourth Amendment might not. Plaintiff adequately stated and supported a claim for a police shooting death of a mentally ill man. Tabares v. City of Huntington Beach, 2021 U.S. App. … Continue reading

Posted in Excessive force | Comments Off on CA9: California negligent excessive force law broader than 4A; ptf stated claim

Law Review: How the Fourth Amendment Frustrates the Regulation of Police Violence

Seth W. Stoughton, How the Fourth Amendment Frustrates the Regulation of Police Violence, 70 Emory L. J. 521 (2021):

Posted in Excessive force | Comments Off on Law Review: How the Fourth Amendment Frustrates the Regulation of Police Violence

CA3: Crashing a fleeing car here wasn’t excessive force

Crashing a fleeing car here wasn’t unreasonable as excessive force. “Here, we agree with the District Court’s determination that no reasonable juror could find that the force used by Officer Biagini was excessive. It is beyond dispute that, in the … Continue reading

Posted in Excessive force, Standing, Warrant requirement | Comments Off on CA3: Crashing a fleeing car here wasn’t excessive force

CA6: Excessive force and qualified immunity; officer responding to threat of force

“The record here demonstrates the defendant officers’ use of deadly force was objectively reasonable. Three of the four officers surrounding McShann’s vehicle testified that when McShann woke, he was compliant or mostly compliant with their order that he put his … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA6: Excessive force and qualified immunity; officer responding to threat of force

CA7: Computer search condition was not related to crime of conviction and was thus unreasonable

Defendant’s computer search release condition had no rational relationship to the crime. He was not a sex offender and there was no computer link to his crimes. United States v. Morgan, 2021 U.S. App. LEXIS 2972 (7th Cir. Feb. 3, … Continue reading

Posted in Computer and cloud searches, Excessive force, Overseizure, Probation / Parole search | Comments Off on CA7: Computer search condition was not related to crime of conviction and was thus unreasonable

CA11: When “[n]o force was justified, … any force was excessive.”

“We agree with the district court that Officer Kahl’s use of force was unreasonable. Although Officer Kahl’s actions did not result in severe physical harm, they were not proportional to the situation. The severity of injury may be evidence of … Continue reading

Posted in Excessive force | Comments Off on CA11: When “[n]o force was justified, … any force was excessive.”

CA9: Passenger also shot in effort to stop vehicle was seized under 4A; SJ denied on reasonableness of force

A vehicle passenger who was not intentionally targeted by the officers had a cognizable Fourth Amendment interest under Brower v. County of Inyo and Brendlin v. California. His freedom of movement was terminated when the officers intentionally shot at the … Continue reading

Posted in Excessive force, Qualified immunity, Seizure | Comments Off on CA9: Passenger also shot in effort to stop vehicle was seized under 4A; SJ denied on reasonableness of force

CA1: When police justifiably shoot at a car, a passenger hit has no claim

A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. Fagre v. Parks, 2021 U.S. App. LEXIS … Continue reading

Posted in § 1983 / Bivens, Consent, Excessive force | Comments Off on CA1: When police justifiably shoot at a car, a passenger hit has no claim

E.D.Cal.: 8A applies to excessive force claims in prison

The Eighth Amendment applies to excessive force claims in prison; the Fourth Amendment to free worlders. Rodriguez v. United States, 2021 U.S. Dist. LEXIS 4100 (E.D. Cal. Jan. 7, 2021). The court believes the officer over the defendant on whether … Continue reading

Posted in Excessive force, Reasonable suspicion | Comments Off on E.D.Cal.: 8A applies to excessive force claims in prison

CA10: Ptf’s conviction barred his 1983 claim because it established facts against him under Heck

“Mr. Birch’s convictions preclude him from establishing a genuine issue of material fact as to his Fourth Amendment excessive force claims against Officers Sinclair, Page, and Stout, Fourteenth Amendment malicious prosecution claims, and Fourth Amendment false arrest claims. In dismissing … Continue reading

Posted in Excessive force, Issue preclusion | Comments Off on CA10: Ptf’s conviction barred his 1983 claim because it established facts against him under Heck

CA8: Pulling a gun on officers in pursuit justified deadly force

Plaintiff’s decedent’s vehicle was stopped as part of a pseudoephedrine buying investigation. A shotgun was admitted to being in the truck, and decedent repeatedly reached to his waist. Officers got him out, but, as soon as he hit the ground, … Continue reading

Posted in Excessive force | Comments Off on CA8: Pulling a gun on officers in pursuit justified deadly force

CA9: Gratuitous dog bite can be excessive force; no QI here

“Our precedent clearly establishes that releasing a police dog to bite a person who neither endangers officers nor attempts to flee or resist arrest violates that person’s Fourth Amendment right to be free from unreasonable seizure. … Viewing the evidence … Continue reading

Posted in Excessive force, Qualified immunity, State constitution | Comments Off on CA9: Gratuitous dog bite can be excessive force; no QI here

CA5: Temporary guest on property had no standing on the curtilage

A temporary guest on the property had no standing in the curtilage. Even so, the officer’s merely looking in his vehicle and seeing Sudafed in plain view wasn’t a Fourth Amendment violation. “It is undisputed that Carr had been inside … Continue reading

Posted in § 1983 / Bivens, Curtilage, Excessive force, Standing | Comments Off on CA5: Temporary guest on property had no standing on the curtilage

CA5: Hitting a man on ground in fetal position 26 times stated claim

Allegations of police beating a man 26 times lying in the fetal position was enough to overcome qualified immunity. “Though Joseph was not suspected of committing any crime, was in the fetal position, and was not actively resisting, Officers Martin … Continue reading

Posted in § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA5: Hitting a man on ground in fetal position 26 times stated claim