Category Archives: Excessive force

CA6: Excessive force “assault” claim under § 1983 doesn’t necessarily require contact

Jail conditions can be so bad that they amount to a § 1983 “assault” without there being a more traditional assault. Here, it was a suicidal inmate knowingly put into solitary confinement and that could be pled as excessive force … Continue reading

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D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable

Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 … Continue reading

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CNS: Federal Judge Stops Columbus, Ohio Police From Using Tear Gas on Protesters

CNS: Federal Judge Stops Columbus, Ohio Police From Using Tear Gas on Protesters by David Wells (“The preliminary injunction bars officers from using tear gas, pepper spray and wooden pellets against nonviolent protesters.”) — Alsaada v. City of Columbus, 2021 … Continue reading

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CA5: Claim stated for excessive force for allowing dog to bite subdued arrestee

Plaintiff stated a claim for a dog bite after he was subdued, and there would be no qualified immunity. Hinson v. Martin, 2021 U.S. App. LEXIS 12775 (5th Cir. Apr. 29, 2021).* There was arguable probable cause for plaintiff’s arrest … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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CA10: Def’s father’s consent to enter house was voluntary

Defendant’s father consented to officers’ entry into their house, so defendant’s Fourth Amendment rights were not violated. United States v. Guillen, 2021 U.S. App. LEXIS 12468 (10th Cir. Apr. 27, 2021). “While Artola putting his arm into Wheeler’s car may … Continue reading

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NYT: Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing

NYT: Split-Second Decisions: How a Supreme Court Case Shaped Modern Policing by David D. Kirkpatrick (“Officers using deadly force rely on a legal doctrine set forth decades ago. Now, the movement launched by the death of George Floyd is trying … Continue reading

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M.D.Pa.: Calling for backup before asking motorist for consent was the “Rodriguez moment” but it was with RS

“‘[T]he proper inquiry is not whether a traffic violation actually occurred, but rather whether there are facts presented that would lead a reasonable officer to believe that a violation may have occurred.’ … ‘This standard is not particularly rigorous, as … Continue reading

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D.Neb.: CI report led to controlled buy and that was PC

A CI with a reliable track record reported defendant was selling ecstacy. That alone was likely at least reasonable suspicion, but then police used him to make a controlled buy, and that was probable cause for the stop. United States … Continue reading

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E.D.Mo.: Constitutionality of window tint statute doesn’t have anything to do with PC for a stop for overtinting

Even if Missouri’s window tint statute was unconstitutional, something in doubt, it wouldn’t have any affect on the reasonableness of defendant’s stop for violating it, and the exclusionary rule would not apply. Factually, the officer said he couldn’t see into … Continue reading

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W.D.Mich.: 1983 suit over state detention without bond barred by Younger abstention

Plaintiff detainee’s 1983 case he was being held without bond in a state prosecution is barred by Younger absention. Snowden v. Schipper, 2021 U.S. Dist. LEXIS 76275 (W.D. Mich. Apr. 20, 2021). “Viewing the evidence in the light most favorable … Continue reading

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W.D.Pa.: Generic motion to suppress denied

Defendant’s general motion to suppress is denied. United States v. Knox, 2021 U.S. Dist. LEXIS 72716 (W.D. Pa. Apr. 15, 2021). “In short, when viewing this evidence in the light most favorable to appellant, reasonable minds could only conclude that … Continue reading

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

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MT: Jury instructions on police negligence adequately explained const’l tort theory

The estate’s theory of police negligence was submitted to the jury and it adequately explained plaintiff’s constitutional tort theory. The defense relied on community caretaking function. The jury found the entry reasonable leading to the use of deadly force, and … Continue reading

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CA7: Shooting ptf after firing a gun in the air around a crowd of people still entitled to qualified immunity

The defendant officer’s use of deadly force against the armed plaintiff who fired a gun into the air around many people apparently to attempt to break up a scuffle led to him getting shot multiple times in seconds. Someone else … Continue reading

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W.D.Tex.Bankr.: 4A does not extend to civil discovery requests

Posts to a “secret” Facebook group weren’t protected by any reasonable privacy interest in civil litigation. Social media isn’t protected by any privacy interest. “Defendant does not cite, and the Court could not find, any case that extends the Fourth … Continue reading

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CA6: Pre-Carpenter cell site simulator use reasonable by GFE

Defendant’s 2255 claim that the government used a cell site simulator prior to Carpenter to capture his unlisted burner phone numbers is saved by the good faith exception. Powell v. United States, 2021 U.S. App. LEXIS 9850 (6th Cir. Apr. … Continue reading

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CA11: Tasing someone ignoring three commands to get on the ground was reasonable for QI purposes

“Measuring the facts of this case against the above factors, Deputy Ward acted reasonably when he used force against Duncan after she did not obey his orders to get on the ground. Even accepting as true that Duncan did not … Continue reading

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CA5: A jury will have to decide reasonableness of excessive force used against a suicidal man

A jury needs to decide whether this officer’s use of deadly force on a suicidal suspect was reasonable. it was “clearly established — and possibly even obvious — that an officer violates the Fourth Amendment if he shoots an unarmed, … Continue reading

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D.N.M.: Business records SW was particular where limited to firearms offense

The business records search here was not overbroad as enabling a search of all records; just for violations of firearms offenses under 18 U.S.C. § 922(a)(1). It was particular enough. United States v. Warner, 2021 U.S. Dist. LEXIS 62302 (D. … Continue reading

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