{"id":63183,"date":"2026-02-13T11:07:27","date_gmt":"2026-02-13T16:07:27","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63183"},"modified":"2026-02-13T11:07:27","modified_gmt":"2026-02-13T16:07:27","slug":"ca8-no-qi-for-nearly-point-black-shooting-protestor-in-eye-with-less-than-lethal-device","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63183","title":{"rendered":"CA8: No QI for nearly point black shooting protestor in eye with less than lethal device"},"content":{"rendered":"\n<p>Shooting a protestor in the eye at point blank range with a \u201cless than lethal\u201d device that the officers are trained on and warned can actually be lethal was excessive force. No qualified immunity. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/26\/02\/231420P.pdf\">Marks v. Bauer<\/a>, 2026 U.S. App. LEXIS 4252 (8th Cir. Feb. 12, 2026).<\/p>\n\n\n\n<p>Defendant\u2019s stop for not signaling leaving a traffic circle justified the stop, and the CI\u2019s information was reasonable suspicion to continue it. United States v. George, 2026 U.S. Dist. LEXIS 27444 (D. Mont. Feb. 10, 2026).*<\/p>\n\n\n\n<p>Defense counsel gets the CI\u2019s information because of a showing of need, but not to the client under protective order. No need shown for client to know. United States v. George, 2026 U.S. Dist. LEXIS 27444 (D. Mont. Feb. 10, 2026).*<\/p>\n\n\n\n<p>Defendant had permission to drive a borrowed car for one day. Later, when he was stopped, he couldn\u2019t show he still had permission, so he had no standing. United States v. George, 2026 U.S. Dist. LEXIS 27444 (D. Mont. Feb. 10, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Shooting a protestor in the eye at point blank range with a \u201cless than lethal\u201d device that the officers are trained on and warned can actually be lethal was excessive force. No qualified immunity. Marks v. Bauer, 2026 U.S. App. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63183\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52,44,40],"tags":[],"class_list":["post-63183","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-informant-hearsay","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63183","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63183"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63183\/revisions"}],"predecessor-version":[{"id":63184,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63183\/revisions\/63184"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}