Tag: Qualified Immunity

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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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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Lincoln v Barnes – 5th Circuit (5APR2018)

Lincoln v Barnes – 5th Circuit (5APR2018)

The plaintiff in this 42 U.S.C. 1983 civil suit against the police officers of Colleyville, Texas brought suit alleging the police violated her Fourth Amendment rights to be free from unreasonable government searches and seizures when they detained her on the scene for two hours and then transported her to the police station and questioned …

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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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Sanzone v. Gray – Use of Deadly Force

Sanzone v. Gray – Use of Deadly Force

In this episode, Bruce-Alan Barnard reviews a 42 USC 1983 civil suit for excessive use of force resulting in the death of the suspect. KEY PHRASES: Use of Force Deadly Force Qualified Immunity KEY CASES: Graham v. Connor, 490 U.S. 386 (1989) Tennessee v. Garner, 471 U.S. 1 (1985) Saucier v. Katz, 533 U.S. 194 …

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The Case of the Bloodhound Blunder

The Case of the Bloodhound Blunder

Winfrey v. Rogers (5th Cir. Feb. 2017) – The is a 1983 civil suit for malicious prosecution with the primary issue on appeal focused on Qualified Immunity. This is the audio recording of Bruce’s Brownbag Wednesday Webinar 2018-05 aired on 7 Feb 2018. Key Terms: Probable Cause Malicious Prosecution Fourth Amendment False Affidavit Qualified Immunity …

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The Case of the Rotten Peaches

The Case of the Rotten Peaches

Bruce’s Brownbag Wednesday Webinar 2018-03. This is the audio from the BBW “Case of the Week” – US v Wesby This is a Supreme Court decision addressing probable cause and qualified immunity.

Broadcast BLUE – Episode 005

Broadcast BLUE – Episode 005

Broadcast BLUE Episode 005 – 28 DEC 2017 Bruce-Alan Barnard discusses the case Hensley v. Price, 876 F.3d 573 (4th Cir. 2017). Key Phrases: Use of Force, Deadly Force, Qualified Immunity Key Cases: Graham v Connor, 490 U.S. 386 (1989); Tennessee v. Garner, 471 U.S. 1 (1985); Saucier v. Katz, 533 U.S. 194 (2001); Pearson v. Callahan, …

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