Tag: Use of Force

Muschette v Gionfriddo 2ndCIR 7DEC2018

Muschette v Gionfriddo 2ndCIR 7DEC2018

This is a civil suit against a police officer in West Hartford, Connecticut for the use of a Tazer on a deaf student.  The plaintiff in this case (Muschette) is a 12-year-old at the American School for the Deaf in West Hartford.  The Dean of the school called 911 and reported the plaintiff was “out …

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Foster v Hellawell 9thCIR 20NOV2018

Foster v Hellawell 9thCIR 20NOV2018

Officer Jeremy Hellawell was dispatched to investigate a 911 call from a citizen who reported that a man matching Ernest Foster’s description was walking toward a shopping plaza armed with a concealed handgun. As the incident unfolded, Hellawell approached Foster at the shopping plaza to investigate the report, Foster fled, and Hellawell ultimately shot Foster …

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Begin v Drouin 1stCIR 16NOV2018

Begin v Drouin 1stCIR 16NOV2018

In this case, the First Circuit denied qualified immunity to an officer who shot a person in a psychiatric unit who was cutting himself.  The court concluded that considering the facts as alleged, it was unreasonable for the officer to use deadly force to stop a person who presented only a danger to himself. To …

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Gorman v Mississippi 5th CIR (6JUN2018)

Gorman v Mississippi 5th CIR (6JUN2018)

Accidental discharge of firearm causing fatal injury is not a Fourth Amendment violation.  Held: Under established Supreme Court precedent, a Fourth Amendment seizure does not occur whenever there is a governmentally caused termination of an individual’s freedom of movement but only when there is a governmental termination of freedom of movement through means intentionally applied. “There …

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Manners v Cannella 11th CIR (4JUN2018)

Manners v Cannella 11th CIR (4JUN2018)

Plaintiff was arrested for failing to pull over immediately for Hollywood, Florida police officer. Plaintiff sued under 1983 action. Held: Because the officers had probable cause to arrest Manners and did not violate clearly established constitutional law during his arrest, the officers were entitled to qualified immunity from the civil rights claims. A finding of probable cause …

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Vos v City of Newport Beach 9th CIR (11JUN2018)

Vos v City of Newport Beach 9th CIR (11JUN2018)

What do you do when a schizophrenic on amphetamine and methamphetamine enters a 7-11, brandishes scissors, momentarily takes a hostage,  cuts another patron, and then runs out the door charging police officers?  Well in the Ninth Circuit you had better not shoot him because, in their opinion, a reasonable jury could conclude that this “does …

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Edrei v. Bratton 2nd CIR (13JUNE2018)

Edrei v. Bratton 2nd CIR (13JUNE2018)

The Second Circuit holds that purposefully using a LRAD (Sound Gun) in a manner capable of causing serious injury to move non‐violent protesters to the sidewalks violates the Fourteenth Amendment under clearly established law. For a downloadable copy of the entire decision click here.

McCoy v Meyers – 10th Cir (10APR2018)

McCoy v Meyers – 10th Cir (10APR2018)

As you can probably tell from the case caption, this case is a civil suit. In this 42 U.S.C. 1983 action, the plaintiff alleges that law enforcement officers used excessive force in arresting him in violation of his Fourth Amendment rights. Unfortunately, as is all too often the situation, this case started with a noncustodial …

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The Case of the Neighbor with a Knife

The Case of the Neighbor with a Knife

In this edition of Bruce’s Brownbag Wednesday, Bruce reviews the recent Supreme Court decision Kisela v. Hughes issued by the court on April 2, 2018. BLUE KEY PHRASES: Use of Force Deadly Force Qualified Immunity Clearly Established BLUE KEY CASES: Tennessee v. Garner, 471 U. S. 1 (1985) Graham v. Connor, 490 U. S. 386 …

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