Category Archives: Excessive force

Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force

Boston CBS: Justice Department: Springfield Police Narcotics Bureau Regularly Used Excessive Force (“SPRINGFIELD (CBS) – The Justice Department says an investigation has revealed “reasonable cause” to believe the Springfield Police Department’s Narcotics Bureau regularly used excessive force, it announced Wednesday. … Continue reading

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D.D.C.: No REP in apt building laundry room when officer saw def in possession; take down when he resisted was reasonable

“In short, and as explained below, the Court finds that Leake’s stance in the corner of the laundry room was suspicious, and that upon approaching him, Officer Pantaleon observed Leake holding a small clear plastic baggie containing a powder-like substance. … Continue reading

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CA2: Second Tasing of nonresisting detainee was unreasonable

On this record, the second Tasing of plaintiff could be found unreasonable for lack of resistance, which the jury did. Jones v. Treubig, 2020 U.S. App. LEXIS 19883 (2d Cir. June 26, 2020). The search under defendant’s consent for “firearms/evidence” … Continue reading

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OH10: When def subjected to two SWs, only arguing first waives second

Where defendant was subjected to two search warrants and he only argued the first to the trial court, the second was waived for appeal. State v. Wilkins, 2020-Ohio-3428, 2020 Ohio App. LEXIS 2359 (10th Dist. June 23, 2020). “A finding … Continue reading

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CA11: Detaining an innocent person in handcuffs for two hours at scene of SW doesn’t state a claim

Officers executing a search warrant detained an innocent person in handcuffs for two hours, and that doesn’t state a claim. Also, just being at the warrant execution meeting before the officers went to the scene doesn’t make all those officers … Continue reading

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CA9: Clearly established by 2014 for QI that chokehold on nonresisting detainee could be excessive force

It was clearly established at the time that a chokehold on a no longer resisting detainee was excessive force and all officers participating were potentially responsible. Martinez v. City of Pittsburg, 2020 U.S. App. LEXIS 19207 (9th Cir. June 19, … Continue reading

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RI: Reasonable use of force to take inmate’s DNA under SW wasn’t grounds for suppression

The trial court erred in granting defendant’s motion to suppress the taking of his DNA by force under a search warrant when he refused to cooperate. He already had a reduced expectation of privacy in the jail, and the state’s … Continue reading

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CA6: QI denied officers who Tased a man for not getting out of his car fast enough; he had recent surgery and a colostomy bag

Plaintiff was Tased when he slowly got out of a car after officers flashed badges on him. He was recovering from surgery and had a colostomy bag and staples in his stomach. While the use of force does not require … Continue reading

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D.Ore. grants preliminary injunction against use of tear gas against peaceful protesters

Don’t Shoot Portland v. City of Portland, 2020 U.S. Dist. LEXIS 100801 (D. Ore. June 9, 2020): While the Court acknowledges that Mayor Wheeler has issued additional guidance on the use of tear gas during these protests, Defendant has not … Continue reading

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CA4: “a reasonable jury could find that Jones was both secured and incapacitated” when police shot him; QI denied

“In 2013, Wayne Jones, a black man experiencing homelessness, was stopped by law enforcement in Martinsburg, West Virginia for walking alongside, rather than on, the sidewalk. By the end of this encounter, Jones would be dead. Armed only with a … Continue reading

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CA10: 15-minute call to EPIC when officer given inconsistent travel plans wasn’t unreasonable

Inconsistent travel plans coming from the driver and passenger justified a 15 minute call to EPIC to see if the vehicle had crossed the border recently, and this was not unreasonable. United States v. Morales, 2020 U.S. App. LEXIS 17865 … Continue reading

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D.Colo: TRO granted against excessive force or use of chemical agents against peaceful protestors

Abay v. City of Denver, 20-cv-01616-RBJ (D. Colo. June 5, 2020, 8:39 pm):

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MD: Officer’s take down of def when he got out of his car was unjustified, so frisk invalid

The officer’s take down of the defendant when he got out of his car wasn’t supported by the record. Thus, the following frisk was unjustified. Williams v. State, 2020 Md. App. LEXIS 512 (May 29, 2020):

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CA6: Duration of police dog bite as reasonable force

Zuress v. City of Newark, 2020 U.S. App. LEXIS 17134 (6th Cir. May 29, 2020):

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CA8: Police shooting of man with gun who hadn’t pointed it without warning was unreasonable

The use of deadly force here wasn’t reasonable under the Fourth Amendment. The shooting victim had a gun in hand but he hadn’t threatened the officer with it. The failure to give a warning warn “exacerbate[s] the circumstances” and supports … Continue reading

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CA5: When an excessive force claim is properly analyzed under the 4A , the 14A is inapplicable

“[W]hen a claim is properly analyzed under the Fourth Amendment, the Fourteenth is inapplicable. Graham v. Connor, 490 U.S. 386, 395 (1989) (holding that ‘all claims that law enforcement officers have used excessive force-deadly or not-in the course of an … Continue reading

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