Category Archives: Excessive force

CA10: QI applies to suit by driver and his child in car over police shooting driver

Several officers attempted to stop plaintiff at 3:50 am, and he finally stopped. One officer got in front of the car with a shotgun, and the car moved forward. That officer fired two shots from a shotgun at the driver, … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off

NY1: Issue of fact on PC precludes SJ of assault and battery claim

An “issue of fact as to probable cause for [an] arrest precludes summary dismissal of [an] assault and battery claim”. Burgos-Lugo v. City of New York, 2017 NY Slip Op 00534, 2017 N.Y. App. Div. LEXIS 536 (Jan. 26, 2017).* … Continue reading

Posted in Excessive force, Ineffective assistance | Comments Off

WY: Jury instruction on the state version of the 4A wasn’t proper in case involving use of force against officer in his house

One is not entitled to use excessive force against a police officer unlawfully in the home. The officer must also be using excessive force. Defendant’s proffered jury instruction that merely recited the state constitutional provision on search and seizure was … Continue reading

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

Police One: What cops need to know about TASER use, the Fourth Amendment and excessive use of force

Police One: What cops need to know about TASER use, the Fourth Amendment and excessive use of force by Mike Callahan By analyzing case law, we can glean constitutional guidance concerning when the use of a TASER is lawfully appropriate … Continue reading

Posted in Excessive force | Comments Off

Chicago Tribune: Justice report finds systemic failures by Chicago police

Chicago Tribune: Justice report finds systemic failures by Chicago police by Jason Meisner, Annie Sweeney, Dan Hinkel and Jeremy Gorner: The U.S. Department of Justice has released a long-awaited report castigating the Chicago Police Department for abuse against citizens, excessive … Continue reading

Posted in Excessive force | Comments Off

SCOTUS: Warning before use of deadly force not “clearly established” [or established at all]

It does not violate clearly established law under the Fourth Amendment to shoot without warning when the shooting is otherwise justified. White v. Pauly, 2017 U.S. LEXIS 5 (Jan. 9, 2017) (per curiam):

Posted in Excessive force, SCOTUS | Comments Off

D.Md.: Extended border search from customs at JFK to locked warehouse in Maryland

The extended border search doctrine applied to a package shipped from China through customs at JFK and then to a warehouse in Bowie, Maryland. It was under lock and key, even on the truck, from customs to the warehouse where … Continue reading

Posted in Border search, Excessive force, Qualified immunity | Comments Off

AK: Reconsideration of finding of no PC granted; def never really put lack of PC in issue

At issue was a seizure and then warranted search of defendant’s cell phone looking for an incriminating text message that was already seen by the police on the recipient’s cell phone. At the hearing, the Superior Court granted a motion … Continue reading

Posted in Burden of proof, Cell phones, Excessive force, Qualified immunity | Comments Off

CA2: Judgment on liability for bogus stop and frisk was not error; $196k verdict affirmed

Plaintiffs were two teenagers stopped by police for one vaguely matching the description of one of two robbers. One of them refused to put his phone away when the officer ordered him three times not to. At a § 1983 … Continue reading

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

NPR: Military-Trained Police May Be Less Hasty To Shoot, But That Got This Vet Fired

NPR: Military-Trained Police May Be Less Hasty To Shoot, But That Got This Vet Fired by Quil Lawrence: There are plenty of recent stories involving white police officers who have shot and killed black men, including some who are on … Continue reading

Posted in Excessive force | Comments Off