Category Archives: Excessive force

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

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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):

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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

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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

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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

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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

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SCOTUS cert grant: County of Los Angeles v. Mendez: excessive force

SCOTUS grants cert in County of Los Angeles v. Mendez, 16-639, cert. pet. here, granting on questions 1 and 3. Questions presented: In a 42 U.S.C. § 1983 action, the district court concluded Los Angeles County Sheriffs Department (“LASD”) deputies … Continue reading

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CA11: Use of pepper spray on somebody kicking a police car isn’t excessive force

The use of pepper spray on somebody kicking a police car isn’t excessive force. Nigro v. Carrasquillo, 2016 U.S. App. LEXIS 17921 (11th Cir. Oct. 4, 2016):

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Quartz: Opinion: How America’s obsession with TV cop shows like “Law and Order SVU” enables police brutality in real life

Quartz: Opinion: How America’s obsession with TV cop shows like “Law and Order SVU” enables police brutality in real life by Noah Berlatsky: The narrative incentives here are clear—if you’re creating mass pulp entertainment, you want drama….But this need for … Continue reading

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CA6: Jail takedown of DUI arrestee on video appears to be excessive force; QI denied

The video of plaintiff’s takedown in the jail on video certainly appears to be excessive force in violation of clearly established law. Denial of summary judgment on qualified immunity properly denied. Jennings v. Fuller, 2016 U.S. App. LEXIS 16633 (6th … Continue reading

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