Category Archives: Excessive force

S.D.Ind.: SoL for false arrest starts on release from custody

The statute of limitations for a false arrest case starts with release. Manuel v. City of Joliet, Ill. (Manuel II), 903 F.3d 667, 669 (7th Cir. 2018), on remand from Manuel v. City of Joliet, Ill., 137 S. Ct. 911 … Continue reading

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CA9: It is clearly established that using “intermediate force” against a nonresisting arrestee is unreasonable

It was clearly established that using “intermediate force” against a nonresisting arrestee is unreasonable. “To be clear, we are generally loath to second-guess law enforcement officers’ actions in a dangerous situation by analyzing each act without looking at the entire … Continue reading

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CA7: Ptf’s manufactured evidence claim survives QI

Plaintiff was tried and acquitted for murder. He sued under § 1983 after two years in custody alleging evidence for his trial was fabricated and exculpatory evidence was withheld. The district court denied qualified immunity, and the defendants appealed. Defendants … Continue reading

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Cal.3: Smell of burnt MJ from car not PC in California

The smell of burnt marijuana coming from a car in California isn’t probable cause. Blakes v. Superior Court, 2021 Cal. App. LEXIS 1057 (3d Dist. Nov. 24, 2021) (published Dec. 16, 2021). Officers had probable cause for the automobile exception … Continue reading

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CA8 again grants QI to stopping innocent persons at gunpoint

The Eighth Circuit again holds that stopping innocent persons at gunpoint with almost any reason at all almost always results in qualified immunity for the officer. Irvin v. Richardson, 2021 U.S. App. LEXIS 37110 (8th Cir. Dec. 16, 2021):

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E.D.N.Y.: For § 1988 fee shifting, SCOTUS expert fees not awarded, only local rate

The fact expert Fourth Amendment counsel would have charged the client $1,000-1,800 before SCOTUS isn’t binding on the district court for fee shifting. The local rate is what’s reasonable. Agudath Israel of America v. Hochul, 2021 U.S. Dist. LEXIS 233088 … Continue reading

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N.D.Ill.: Evil intent irrelevant in excessive force case if it all still objectively reasonable

“Issues of motive and intent are essentially irrelevant in [an excessive force] case. The test in an excessive force case is an objective one. Thus, ‘[a]n officer’s evil intentions will not make a Fourth Amendment violation out of an objectively … Continue reading

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OR: Proximity to others probably committing a crime isn’t PC

“[T]he facts supporting [the officer’s] belief that defendant committed a crime were not specific to defendant and related instead to defendant’s proximity to drug use by others.” “Because the totality of the circumstances here fail to demonstrate a probability that … Continue reading

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N.D.Ind.: Arrestee left out in cold in t-shirt stated 4A claim

Plaintiff states a Fourth Amendment claim that he was arrested and left outside in the snow in jeans and a t-shirt for more than 30 minutes. Bolin v. Prater, 2021 U.S. Dist. LEXIS 225777 (N.D.Ind. Nov. 23, 2021). Leaving drugs … Continue reading

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E.D.Wash.: Covid-19 testing requirements are not subject to 4A reasonable suspicion standard

“Plaintiff argues any COVID-19 testing requirement is subject to the reasonable suspicion standards under the Fourth Amendment. … However, the Proclamation does not contain or implicate a testing requirement. … Therefore, Plaintiff’s Fourth Amendment claim is without merit. Plaintiff has … Continue reading

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N.D.N.Y.: Prolonging detention after conviction is an 8A claim, not 4A

Prolongation of detention after conviction is an Eighth Amendment claim, not Fourth Amendment. Trapani v. Annucci, 2021 U.S. Dist. LEXIS 223605 (N.D.N.Y. Nov. 19, 2021). Plaintiff’s claims that a TV she bought at Walmart is video spying on her and … Continue reading

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CA6: “The Fourth Amendment does not require an officer to be right, only to be reasonable.”

As to probable cause: “The Fourth Amendment does not require an officer to be right, only to be reasonable.” Allen v. City of Ecorse, 2021 U.S. App. LEXIS 34348 (6th Cir. Nov. 18, 2021). Defendant’s guilty plea included a comprehensive … Continue reading

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CA6: Sex with a court transport officer stated excessive force claim

Sexual intercourse with a court transport officer stated an excessive force claim. Plaintiff raised a factual dispute that the sex wasn’t consensual because of his control over her and a threat he made after he found out she talked about … Continue reading

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N.D.Ohio: One day delay of package in transit was reasonable

Defendant lacked standing to challenge the search of a parcel of drugs. “Even if Defendant could challenge the delay of delivering the Target Parcel, his argument fails. While ‘theoretically’ the ‘detention of mail could at some point become an unreasonable … Continue reading

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CA6: Shooting a man in the back for lawfully carrying a gun doesn’t get QI [yet D.Ct. bought it]

The district court erred by granting the police officer summary judgment as to plaintiff’s excessive force claim under the Fourth Amendment. Accepting plaintiff’s account of the incident, the officer violated plaintiff’s clearly established rights when he shot him six times … Continue reading

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D.Ariz.: Court could order DNA test after charging

The government moved for an order requiring defendant to submit to a buccal swab for DNA to include or exclude him from certain evidence in a homicide case. “Accordingly, the Court finds that, although a buccal swab of the cheek … Continue reading

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CA4: Choking out and killing a mentally ill man who only vaguely threatened himself was excessive force

“This appeal arises from a tragic incident that led to the death of Joshua Lawhon, an unarmed mentally ill man. Invoking 42 U.S.C. § 1983 and Virginia state law, Lawhon’s mother, as administrator of his estate, brought this action against … Continue reading

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Reason: SCOTUS Has Made It Practically Impossible To Sue a Rights-Violating Federal Officer

Reason: SCOTUS Has Made It Practically Impossible To Sue a Rights-Violating Federal Officer by Damon Root (“Several recent Supreme Court decisions have made it practically impossible to sue a federal officer over alleged violations of constitutional rights. Now the Court … Continue reading

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D.N.M.: Modified civil investigative demand wasn’t shown to be unreasonable

The petitioner doesn’t show that the civil investigative demand in a fraud case was unreasonable under the Fourth Amendment or that it could not reach accommodation with the government. In re Civil Investigative Demand No. 21mc24 WJ/SCY, 2021 U.S. Dist. … Continue reading

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NYTimes: How Police Justify Killing Drivers: The Vehicle Was a Weapon

NYTimes: How Police Justify Killing Drivers: The Vehicle Was a Weapon by Kim Barker, Steve Eder, David D. Kirkpatrick and Arya Sundaram (“A Times investigation into a common defense for shooting motorists found that some officers had put themselves in … Continue reading

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