Category Archives: Excessive force

CA11: Shooting a man with a gun was close enough to reasonable under the circumstances for QI

Officers get qualified immunity for shooting a mentally retarded man they knew of when he was wandering the highway and was reported flashing a handgun at people. When the police encountered him, he wouldn’t show his hands and kept one … Continue reading

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CA8 (en banc): Takedown of non-violent misdemeanant walking away was subject to QI

Defendant officer’s takedown of a misdemeanant who was walking away from him wasn’t clearly established and he gets qualified immunity. Kelsay v. Ernst, 2019 U.S. App. LEXIS 24059 (8th Cir. Aug. 13, 2019) (en banc; 4 dissents)*:

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D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one

The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading

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The Appeal: Chicago Police Pointed Guns At And Traumatized Children in Botched Raids, Lawsuits Allege

The Appeal: Chicago Police Pointed Guns At And Traumatized Children in Botched Raids, Lawsuits Allege by Lauren Gill: Children as young as 4 years old are suffering from post-traumatic stress disorder as a result, the complaints say.

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CA4: Tasing ptf twice was reasonable force because of his agitated state with a gun on his person

Tasing plaintiff twice was reasonable force because of his agitated state with a gun on his person. Hogan v. Beaumont, 2019 U.S. App. LEXIS 22861 (4th Cir. July 31, 2019):

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D.S.C.: Failure to raise excessive force claim within search claim wasn’t IAC

Defense counsel’s failure to raise an excessive force claim as a part of his arrest wasn’t ineffective assistance of counsel on the merits of the arrest or subsequent search. Waters v. United States, 2019 U.S. Dist. LEXIS 128341 (D. S.C. … Continue reading

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CA11: Deadly force on an unarmed man proved to be justified in the heat of the moment

An officer’s killing an unarmed man during a traffic stop was reasonable based on the officer’s reasonable reaction to what decedent was doing when he fished around in his vehicle and came out with an unknown object in his hand. … Continue reading

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CA8: SWAT team’s use of a flashbang device to search a house for a cell phone was unreasonable (it was also the wrong house because the suspect hadn’t been there in two years)

It was objectively unreasonable for a SWAT team to break in a door and use a flashbang device to search a house for a cell phone where the suspect was already in custody and they knew it, they were at … Continue reading

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Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules

Forbes: Cop Who Accidentally Shot 10-Year-Old When Aiming For Family Dog Can’t Be Sued, Federal Court Rules by Nick Sibilla:

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CA11: Officer’s second gunshot at a dog not clearly established as excessive force; QI granted, ptf not even a target

Excessive force qualified immunity case: A second gunshot at a dog wasn’t clearly established to be excessive force, and plaintiff wasn’t even a target. Therefore, the officer gets qualified immunity. Corbitt v. Vickers, 2019 U.S. App. LEXIS 20447 (11th Cir. … Continue reading

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Reason: Police Agree To Pay Woman $750,000 After Raiding Her House and Killing Her Dog Over an Unpaid Gas Bill

Reason: Police Agree To Pay Woman $750,000 After Raiding Her House and Killing Her Dog Over an Unpaid Gas Bill by Christian Britschgi: The case highlights the dangers of using SWAT teams for anything and everything.

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S.D.Fla.: Ptf sufficiently pled a civil Franks claim that survives summary judgment and QI

Plaintiff sufficiently pled a civil Franks claim that survives summary judgment and qualified immunity. Wooden v. Armenteros, 2019 U.S. Dist. LEXIS 106113 (S.D. Fla. June 25, 2019).* “At this stage of the proceedings, viewing the evidence in the light most … Continue reading

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