“The grossly disproportionate force used in this case was clearly established as a constitutional violation”
“Grossly Disproportionate Force” Precludes Qualified Immunity
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Category: Legal/Case Law
Shooting of Family Dog During Warrant Execution Ruled Reasonable
The court must balance the officer’s safety interests against the pet owner’s possessory interests
Illegal Search Produced Viable Evidence Because Security Guard Wasn’t a Government Actor
Because the guard was not a government actor, the court ruled the Fourth Amendment did not apply to the detention and search
Terry Frisk Requires Reasonable Suspicion of Dangerous Item
The “Terry frisk” doctrine is a very limited and narrow exception to the Fourth Amendment warrant requirement
Court Discusses Duty to Intervene in Alleged Excessive Force
An agency must have policy and training on the duty to intervene
What You Need to Know About Officer Duty to Intervene
A solid understanding of how to apply the rule is crucial to prepare yourself when the time to act comes
Welfare Check Results in Officer Stabbed and Suspect Shot
Bad tactics rarely will amount to a constitutional wrong
Judge and Deputy Sheriff Liable for Illegal Arrest
Neither the justice of the peace nor the deputy sheriff had any legal authority to enforce civil immigration provisions
Suspect’s Pre-Existing Injury Didn’t Justify Resisting Handcuffing During Arrest
Officers testified they were unaware of his pre-existing injury
Understanding Firefighter Return to Duty Policies
If a doctor clears a firefighter to return to work, can the department reject their request?
Struggle in Car Leads to Deadly Shooting
The plaintiff showed neither controlling precedential authority nor a “robust consensus of cases of persuasive authority”
Court References Magna Carta in Parking Ticket Appeal
De minimis non curat lex is a fancy way of saying the law doesn’t care about trifles