Category Archives: Excessive force

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

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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

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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

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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

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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

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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

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OH6: Smell of raw marijuana from house was PC

The officers’ smell of raw marijuana at a house was probable cause. This is different than the case of burnt marijuana not justifying a search of the trunk of a car. In an IAC claim, defendant didn’t plead any evidence … Continue reading

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The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death.

The Intercept: Her Former Colleagues Called in a “Wellness Check.” Then Police Shot Her to Death. by Natasha Lennard (“The killing of Sandy Guardiola at the hands of a cop illustrates the limitations of brutal, armed police responding to community … Continue reading

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CA6: Seizure under a SW is not a 5A taking

The consensus of several other circuits is that seizing property under a search warrant is not subject to the Fifth Amendment’s takings clause. See, e.g., Lech v. Jackson, 791 Fed. Appx. 711, 717 (10th Cir. 2019), cert. denied, No. 19-1123, … Continue reading

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N.D.Cal.: “chemical agents, less lethal projectiles such as rubber bullets and flashbang grenades” against peaceful protesters states enough to stay in court

Plaintiffs were alleged peaceful protesters in Oakland claiming excessive force was used against them: “chemical agents, less lethal projectiles such as rubber bullets and flashbang grenades.” They provided video evidence. They stated enough of a claim at this point to … Continue reading

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CA6: Handcuffing too tight overcame QI

Plaintiff stated a claim that overcame qualified immunity that she was handcuffed too tight causing injury. Ouza v. City of Dearborn Heights, 2020 U.S. App. LEXIS 24679 (6th Cir. Aug. 5, 2020).* 2255 petitioner’s Fourth Amendment claim is barred by … Continue reading

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CA8: Ptf’s takedown was reasonable for his not responding to commands

Plaintiff was taken down because he didn’t properly respond to commands, and he suffered facial injuries. He was, however, so intoxicated and couldn’t remember what happened. He was also Tased. It was all reasonable based on what the officer was … Continue reading

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CA10: Shooting of decedent when he raised a gun at his arrest appears justified

When officers, including the SWAT team, came to arrest the decedent, he had a gun in hand and raised it. He was already known to be potentially violent, and the shooting was reasonable under the circumstances. Estate of Valverde v. … Continue reading

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CA10: Factual basis for trial for unreasonable use of deadly force in shooting at a fleeing car

There was a factual basis for trial that it was apparent the use of deadly force here was unreasonable and unnecessary in shooting at a fleeing car. Reavis v. Frost, 2020 U.S. App. LEXIS 23731 (10th Cir. July 28, 2020).* … Continue reading

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CA6: Tasering resisting suspect is reasonable

Tasering a resisting suspect is reasonable, and the video shows it. Siders v. City of Eastpointe, 2020 U.S. App. LEXIS 23454 (6th Cir. July 24, 2020).* The controlled buy off defendant was clearly probable cause for the search warrant, so … Continue reading

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CA9: Hotel occupancy ends when manager kicks you out

“The district court correctly determined that Ford lacked standing to challenge the officers’ entry into the hotel room under the Fourth Amendment because any reasonable expectation of privacy Ford had in the room, which had been rented by Ford’s co-defendant … Continue reading

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