Category Archives: Excessive force

E.D.N.C.: Tasering pft who refused to be handcuffed during traffic stop was reasonable

“After defendants took plaintiff to the ground, he still did not comply with instructions to put his hands behind his back. Plaintiff’s hands were beneath him, and defendants reasonably believed that he may have been reaching for a weapon. It … Continue reading

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D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment

Obtaining a search warrant with a narrative affidavit, inter alia, is hardly outrageous governmental conduct warranting dismissal. United States v. Ortiz, 2019 U.S. Dist. LEXIS 17455 (D. Minn. Feb. 4, 2019).* Plaintiff’s excessive force claim against a probation search which … Continue reading

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SCOTUS: In QI in excessive force cases, a “clearly established” right needs to be defined with specificity

In confronting qualified immunity in excessive force cases, a “clearly established” right needs to be defined with specificity. City of Escondido v. Emmons, 17-1660 (U.S. Jan. 7, 2019) (per curiam) [pdf at 27]:

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CA1: QI in excessive force shooting case; brief cases of reasonableness weren’t helpful

The grant of qualified immunity to the officer shooting defendant during execution of a warrant was not contrary to clearly established law. Comparing cases that show the use of deadly force was reasonable; however, isn’t helpful where excessive force is … Continue reading

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CA6: § 1983 claim over search that led to conviction barred by Heck while excessive force claim not

Plaintiff filed a 1983 claim against the officers who searched his place while his criminal appeal was pending. The illegal search claim is barred by Heck v. Humphrey because it implies the invalidity of the conviction. His excessive force claim, … Continue reading

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NYLJ: NYPD Cop Beaten by Fellow Officers During 911 Call Gains $8M Judgment

NYLJ: NYPD Cop Beaten by Fellow Officers During 911 Call Gains $8M Judgment by Andrew Denney: A federal judge has signed off on an $8 million judgment in favor of a New York City police officer who was brutally beaten … Continue reading

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LA Times: Gov. Jerry Brown signs landmark laws that unwind decades of secrecy surrounding police misconduct, use of force

LA Times: Gov. Jerry Brown signs landmark laws that unwind decades of secrecy surrounding police misconduct, use of force by Liam Dillon and Maya Lau: Gov. Jerry Brown ushered in a new era of transparency in California law enforcement on … Continue reading

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D.Md.: Excessive force faction of 4A does not apply to property damage claims

The excessive force faction of the Fourth Amendment does not apply to property damage claims. Quality Care Daycare Bup, LLC v. Jones, 2018 U.S. Dist. LEXIS 166292 (D. Md. Sep. 27, 2018). [Plead unreasonableness] In a scheme involving fraudulently obtaining … Continue reading

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W.D.Va.: § 1983 case over same search lost in state court is barred by Heck

Plaintiff’s § 1983 case is a replay of his search issue he lost in state court, so it’s barred by Heck v. Humphrey. Wells v. Martin, 2018 U.S. Dist. LEXIS 162564 (W.D. Va. Sep. 24, 2018). Because plaintiff’s decedent was … Continue reading

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CA11: Tasering elderly man suffering a severe hypoglycemic episode five times and while trying to comply was excessive

“Mr. Glasscox, [an apparently elderly man] who lives with Type 1 diabetes, suffered a severe hypoglycemic episode while driving his pickup truck on Interstate 59 South near the City of Argo, Alabama. His condition caused him to begin driving erratically. … Continue reading

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NYTimes & WaPo: Inappropriate use of Tasers in today’s papers

NYTimes: Video Shows Cincinnati Officer Confronting 11-Year-Old After Using Taser on Her by Mihir Saveri WaPo: A sleeping student wouldn’t wake up in class. So an officer pulled out her Taser. by Cleve R. Wootson Jr.

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CA8: Gratuitously drawing weapons after initial stop was unreasonable

The initial drawing of weapons at the beginning of a stop was not unreasonable under all the facts. Doing it again gratuitously without apparent justification was unreasonable. Wilson v. Lamp, 2018 U.S. App. LEXIS 24386 (8th Cir. Aug. 28, 2018). … Continue reading

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