Category Archives: Excessive force

OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not … Continue reading

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CA1: QI for excessive force doesn’t require a case exactly on point; Garner is close enough for a jury to find liability

The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun … Continue reading

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WaPo: An innocent man lost his spleen after police shot him during a drug raid. The courts and city government say tough luck.

WaPo: An innocent man lost his spleen after police shot him during a drug raid. The courts and city government say tough luck by Radley Balko:

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D.Md.: Private extradition company’s employees could be sued under § 1983 and due process clauses but not 4A since he’s a pretrial detainee

Plaintiff sued an extradition company, Prisoner Transport Services of America (PTS) under § 1983 as a state actor and the Fourth Amendment and due process clauses for inmate abuse in a transport van, describing ugly conditions of transport. “While Plaintiff … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off

WaPo: Cross-border slaying: Can dead teen’s family sue US agent? — Reargument in CA5

WaPo: Cross-border slaying: Can dead teen’s family sue US agent? by Kevin McGill: 

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Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

Posted in Drug or alcohol testing, Excessive force, Police misconduct | Comments Off

CA7: Plainclothes officers have to ID themselves when making a stop

“The jury instructions on Terry stops, however, were inadequate. Over Doornbos’s objection, the court instructed the jury only on investigatory stops but not frisks. Yet Officer Williamson’s own testimony indicates that he was starting a frisk when he first approached … Continue reading

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CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

Posted in § 1983 / Bivens, Body searches, Excessive force, Qualified immunity | Comments Off

CA10: Not clearly established that even minimal force can be used to resist alleged unlawful search

Plaintiffs were involved in a domestic dispute outside their trailer that had started to cool down, or so they said. One wanted to go into the house to retrieve shoes, but the officer insisted on following to be sure there … Continue reading

Posted in Arrest or entry on arrest, Excessive force | Comments Off

WaPo Editorial: Police brutality is no joke, Mr. President

WaPo Editorial: Police brutality is no joke, Mr. President:

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WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’

WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’ by Cleve R. Wootson Jr. & Mark Berman:

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WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated

WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated by Philip Bump:

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