Tag: Use of Force

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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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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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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