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 [...]
THE APPLICATION OF PHYSICAL FORCE TO THE BODY OF A PERSON WITH INTENT TO RESTRAIN IS A SEIZURE EVEN IF THE PERSON DOES NOT SUBMIT AND IS NOT SUBDUED By Jack Ryan, Attorney, Co-Director LLRMI There are two types of [...]
On June 8, 2020 a bill was introduced in Congress to reform law enforcement practices. Among the items in the legislation is a provision to “ban police use of chokeholds and carotid holds, and conditions funding for state and local [...]
Over the last week, law enforcement has been faced with the aftermath of the death of George Floyd in Minneapolis which was captured on video and showed an officer putting pressure on Floyd’s neck for nearly eight minutes, while Floyd [...]