Category Archives: Excessive force

NYLJ: Admissibility of Expert Testimony on Police Use of Force | and a video of the cross of one

NYLJ: Admissibility of Expert Testimony on Police Use of Force by Martin A. Schwartz:

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CA10: Officer’s firing gun at car fleeing after traffic stop wasn’t seizure; driver’s “momentary pause is not submission”

“Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from … Continue reading

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CA11: It’s reasonable to assume the person named in an arrest warrant is home at 11 pm

Officers had an arrest warrant for plaintiff and a reasonable belief he’d be at home at 11 pm in February when it would be presumed one would be home. He’d listed that place as his address during a prior arrest, … Continue reading

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Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control

Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control by Patrick McMahon:

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CA3: Pointing a gun at ptf during arrest and making him lie on the ground is not excessive force

“Krasley is alleged to have pointed a gun at Pearson and required him to lie on the ground, but the charge of promoting prostitution was serious, Pearson was in a vehicle and thus could have fled, and Pearson was uninjured. … Continue reading

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D.N.M.: Govt’s rationale for impoundment failed: car was in a safe residential neighborhood in front of a friend’s house who said he’d watch it

Defendant was buying the car searched from his sister, although it was still in her name and registered to her. He had standing to challenge its search. The government’s rationale for impoundment was community caretaking, but the car was parked … Continue reading

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The New American: Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case Written by  Bob Adelmann

The New American: Utah Nurse Waives Lawsuit, Settles for $500,000 in Patient Privacy Case by Bob Adelmann:

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Reason.com: Shackling Elementary School Kids Above Elbow Found to Violate the Fourth Amendment

Reason.com: Shackling Elementary School Kids Above Elbow Found to Violate the Fourth Amendment by Brian Doherty:

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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

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