Category Archives: Excessive force

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

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

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

Posted in Excessive force | Comments Off on WaPo Editorial: Police brutality is no joke, Mr. President

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:

Posted in Excessive force, Police misconduct | Comments Off on WaPo: U.S. police chiefs blast Trump for endorsing ‘police brutality’

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

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

Posted in Excessive force, Police misconduct | Comments Off on WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea by Radley Balko. The case is Harte v. Bd. of Commissioners, 2017 U.S. App. LEXIS 13399 (10th Cir. July 25, 2017), over a … Continue reading

Posted in Excessive force, Probable cause | Comments Off on WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea

UPI: Mississippi police kill man while serving warrant at wrong house

UPI: Mississippi police kill man while serving warrant at wrong house by Ray Downs: Close to midnight on Sunday, Southaven, Miss., police arrived at the wrong house to serve an arrest warrant and shot a man dead in his own … Continue reading

Posted in Excessive force | Comments Off on UPI: Mississippi police kill man while serving warrant at wrong house

CA10: Where one in car flashed gun in a bar, it was reasonable to order occupants to ground when stopped

Defendant was seen flashing a gun in a bar in Colorado, and police got a specific description including hair braids and dress from the wait staff. When the car was seen, officers ordered the occupants out and to the ground … Continue reading

Posted in Excessive force, Reasonableness, Stop and frisk | Comments Off on CA10: Where one in car flashed gun in a bar, it was reasonable to order occupants to ground when stopped

Boston Globe: His parents said he just needed to sleep. A SWAT team came instead

Boston Globe: His parents said he just needed to sleep. A SWAT team came instead. by Jenna Russell: Reeling as the sun rose higher in the summer sky, Austin’s parents tried to understand how a simple police check on their … Continue reading

Posted in Excessive force | Comments Off on Boston Globe: His parents said he just needed to sleep. A SWAT team came instead

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 § 1983 / Bivens, Excessive force, Warrant execution | Comments Off on CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

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 § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA11: Punching ptf in the face because of apparent threat to officer was QI

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 § 1983 / Bivens, Excessive force, Qualified immunity | Comments Off on CA5: Video of police shooting shows it was justified, so QI shown

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 on 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