Barnes v. Felix Oral Argument Before the United States Supreme Court January 22, 2025 Jack Ryan, Attorney Legal and Liability Risk Management Institute The United States Supreme Court heard oral argument in Barnes v. Felix, No. 23-1239, a deadly force case that [...]
By Jack Ryan, Attorney, Co-Director LLRMI In the last two sessions of the United States Supreme Court, there have been no cases directly impacting criminal procedure for law enforcement. Thus, there have been no substantive changes directing law enforcement to [...]
THE NEED TO AUDIT TRAINING By Jack Ryan, Attorney, Co-Director LLRMI For many years, in response to failure to train claims, courts simply looked at training records to determine if officers had received training on the particular topic alleged to [...]
In Vega v. Tekoh, the United States Supreme Court considered whether a plaintiff could sue a police officer under §1983, based on the allegedly improper admission of an “un-Mirandized” statement in a criminal prosecution. The Court laid out the facts [...]
Pre-Trial Detainees have Due Process Right to Adequate Safety Checks Video Monitoring is Insufficient-Direct View Safety Checks Required The United States Court of Appeals for the 9th Circuit sent a clear message to jails with respect to the manner in [...]
At the outset, it is important to understand the concept of Qualified Immunity and how the process works in determining whether the case will be dismissed or in the alternative, that an officer will face a trial. As a general [...]
Over the several years, there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases. Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined [...]
Over the several years there has been ongoing disagreement amongst the Federal Circuits with respect to the analysis applied in deadly force cases. Most of the Federal Circuits adopt a position that the officer’s use of deadly force be examined [...]
In Lombardo v. St. Louis,[i] the United States Supreme Court considered decisions by a Federal District Court as well as the United States Court of Appeals for the 8th Circuit and overturned the lower courts’ decisions to dismiss the [...]
THE COMMUNITY CARETAKING FUNCTION DOES NOT APPLY TO HOMES Caniglia v. Strom, No. 20-157 (5/17/2021) 593 U.S. ___(2021). In 1973, the United States Supreme Court announced the Community Caretaking Function exception to the warrant requirement with respect to a search [...]