Can a Suspect Resist a Pat-Down, Run from Police, Fight on the Ground and Still Win an Excessive Force Lawsuit?
[E]ven taking all of Mr. Dannah’s descriptions of what happened in the shaky an [...]
If an Officer Intentionally Fires at a Suspect but Hits a Fellow Officer, is that Injured Officer “Seized” Under the Fourth Amendment?
[B]ecause Officer Gannon intentionally (not accidentally) fired his weapon in c [...]
Can a Police Officer Punch a Mentally Ill Patient in the Head During a Medical Restraint, have the Court Determine the Force is Excessive AND Still Receive Qualified Immunity?
Is Your Agency’s Use-of-Force Policy Ready for the Sixth Circuit’s Latest Guida [...]
Nine Officers Fired Thirty-Three Shots at an Armed Suspect Yet One of the Officers was Denied Qualified Immunity – Why?
After Mr. Eastep already had been shot multiple times, had fallen to the ground [...]
If a Rookie Officer Fails to Establish Probable Cause for Impaired Driving and Still Makes the Arrest … Is the Officer Entitled to Qualified Immunity?
On this set of findings, it would be evident to a reasonable officer that Mr. A [...]
Can Law Enforcement Tow a Vehicle Involved in a Crime from a Driveway without a Search Warrant?
But we deal here not with a front porch (Mr. Habich’s house does not have one) [...]
Were the Restraint Techniques used Reasonable? Even if the Coroner concluded Mr. Thomas’ Cause of Death was a Cocaine Induced Delirium?
Because Plaintiff Wiley cannot show that Mr. Thomas had a clearly established r [...]
Did Anotonino’s Reckless Driving Create an Imminent Risk of Harm to the Surrounding Public in the White Castle Lot to Justify Deadly Force?
We must never allow the theoretical, sanitized world of our imagination to repl [...]
A Federal Judge Makes a Leisurely Decision on Qualified Immunity … But Would He be Overturned?
The deputies’ perspective did not include leisurely stop-action viewing of the [...]
In Defense of Pushes, Shoves and Qualified Immunity
Saucier v. Katz 533 U.S. 194 (2001) U.S. Supreme Court “Pushes and shoves, like [...]