Category Archives: Excessive force

CA8 dissent from rehearing en banc: Panel misapplied qualified immunity on use of Taser

Two judges of the Eighth Circuit dissented from denial of rehearing en banc of 944 F.3d 704 (8th Cir. Ark. Dec. 3, 2019) that the panel misapplied qualified immunity. Jackson v. Stair, 2020 U.S. App. LEXIS 9540 (8th Cir. Mar. … Continue reading

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D.Md.: Matters not told to def counsel about search can’t form basis of IAC claim

Defendant asserts a basis for suppression of his search that apparently was never communicated to counsel during the representation. Defense counsel wasn’t deficient. Hill v. United States, 2020 U.S. Dist. LEXIS 48664 (D. Md. Mar. 20, 2020). Plaintiff was shot … Continue reading

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D.Mass.: Renter of car who loaned it out still had standing in the car

Defendant rented a car in his name two weeks before the search. He had standing in the car when somebody borrowed it and was stopped. The court declines to find that the dog handler cued the dog. Audio of a … Continue reading

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Reason: Maryland Man Killed in No-Knock SWAT Raid Was Shot While Asleep, Family Says

Reason: Maryland Man Killed in No-Knock SWAT Raid Was Shot While Asleep, Family Says by C.J. Ciaramella (“Montgomery County police say Duncan Lemp ‘confronted’ a SWAT team executing a search warrant on his family’s house. His family says he was … Continue reading

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TX4: School search was based on RS from info from known source

There was reasonable suspicion for a school search because the school authorities had information from a known source that provided it. In re J.A.M., 2020 Tex. App. LEXIS 2077 (Tex. App. – San Antonio Mar. 11, 2020). Defendant’s chokehold on … Continue reading

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Cal.3: The evidence supports the conclusion that def consented to his blood draw

Substantial evidence supported the finding that defendant consented to his blood draw. After the officer instructed her that the implied consent law required her to undergo a blood draw, defendant did not object or refuse to undergo the test, did … Continue reading

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N.D.Ohio: The clear potential for violence in a volatile domestic disturbance was a continuing exigency

The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the … Continue reading

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M.D.Pa.: The triggering event in an anticipatory SW is subject to broad construction

The triggering event of an anticipatory warrant having occurred, the search warrant could be executed. The triggering event can be broadly construed. United States v. Santana, 2020 U.S. Dist. LEXIS 38086 (M.D. Pa. Mar. 5, 2020). Plaintiff refused to get … Continue reading

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CA10: Shooting a person fleeing a shooting scene without determining he was the shooter might have been unreasonable, but right not to be shot in this situation not clearly established (Really)

In a § 1983 Fourth Amendment excessive force suit, officers heard a gun shot and saw people running as a crowd left a concert. They shot and killed the decedent, and a jury could conclude that the officers unreasonably determined … Continue reading

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CA4: Wrestling a passive misdemeanant to ground and Tasing him was excessive force and unreasonable

It was clearly established at the time of the incident that wrestling a passive misdemeanant to the grown and beating him up and tapering him was unreasonable and excessive force. Livingston v. Kehagias, 2020 U.S. App. LEXIS 5681 (4th Cir. … Continue reading

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CA3: Border search exception applies to VI traveler, headed no matter which way

The border search exception applies to travel to and from the Virgin Islands, no matter which way the traveler is going. United States v. Baxter, 2020 U.S. App. LEXIS 5341 (3d Cir. Feb. 21, 2020). Detention center officer’s two-handed shove … Continue reading

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SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.

The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent for no reason has no Bivens claim for a Fourth or Fifth Amendment claim. Hernández v. Mesa, 2020 U.S. LEXIS 1361 … Continue reading

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