Category Archives: Excessive force

CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading

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

CA11: Punching ptf in the face because of apparent threat to officer was QI

Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. “Viewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young … Continue reading

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

CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed … Continue reading

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

MA: Use of some additional force in arresting def was not “disproportionate” based on what police knew about firearms in car and risk of violence

The use of some additional force in arresting defendant was not “disproportionate” based on information defendant was armed and that his girlfriend, traveling with him, could use violence to “upset” his arrest. Commonwealth v. Widener, 2017 Mass. App. LEXIS 85 … Continue reading

Posted in Excessive force | Comments Off

NE: SW for property includes vehicles found and belonging there

Search warrant for property includes vehicles parked on the property that are connected to the property [as in the owner]. State v. Hidalgo, 296 Neb. 912, 2017 Neb. LEXIS 87 (June 9, 2017). Officers coming upon an assault in progress, … Continue reading

Posted in Excessive force, Scope of search | Comments Off

SCOTUS: Co. of LA v. Mendez: No constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim

There is no constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim. County of Los Angeles v. Mendez, 2017 U.S. LEXIS 3396 (U.S. May 30, 2017). … Continue reading

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

NYLJ: Federal Jury Awards $8M to Man Injured by Police Stun Gun

NYLJ: Federal Jury Awards $8M to Man Injured by Police Stun Gun by Jason Grant: A federal jury has awarded a mentally disabled Long Island man and his parents $8.32 million after police used a stun gun on the man … Continue reading

Posted in Excessive force | Comments Off

CA11: Shooting of ptf during drug raid was reasonable and subject to QI

This § 1983 case arose from a shooting death by police during execution of a drug search warrant. The pre-search briefing told the officers that the suspect inside was involved in drug dealing and was likely armed, so a no-knock … Continue reading

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

WaPo: ‘I don’t like to be touched’: Video shows 10-year-old autistic boy getting arrested at school

WaPo: ‘I don’t like to be touched’: Video shows 10-year-old autistic boy getting arrested at school by Lindsey Bever. The parents were told to bring the child in this month for “testing” and he was handcuffed and taken away by … Continue reading

Posted in Excessive force | Comments Off

WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever

WaPo: Watch Blog: Forced catheterizations are a good reminder that the drug war is as barbaric and cruel as ever by Radley Balko:

Posted in Body searches, Excessive force | Comments Off