Legal Update Archive2018-08-06T22:11:41+00:00

SIXTH CIRCUIT GRANTS IMMUNITY IN EXCESSIVE FORCE CASE WHERE SUSPECT WAS ACTIVELY RESISTING

On November 15, 2018, the Sixth Circuit Court of Appeals decided the Estate of Collins v. Wilburn[i], in which the court examined whether officers were entitled to qualified immunity regarding a use of force incident where the suspect died.   The facts of Collins, taken directly from the case, are as follows: In 2015, Sergeant Wilburn was working a local high school graduation; as traffic was released, Wilburn was informed by Police Chief Fugitt that a truck had been driven into a ditch nearby. Wilburn approached the vehicle, encountered Collins, and asked what was going on and how he ended up [...]

By |June 18th, 2019|Categories: Legal updates|

SEVENTH CIRCUIT REVIEWS DRUG INVESTIGATION FOR COMPLIANCE WITH THE FOURTH AMENDMENT: Part Two – Subsequent Investigative Actions of Agents

On November 5, 2018, the Seventh Circuit Court of Appeals decided the United States v. Correa[i], which serves as an excellent review of various legal principles related to drug investigations. The relevant facts of Correa are as follows: The investigation that led the DEA to defendants Jason Correa and Saul Melero began when a DEA confidential source obtained $500,000 in cash from two unidentified men. DEA agents tailed the men to a house a few miles away and put the house under surveillance. Eight days later, on October 27, 2011, agents followed one of the men (who drove the same [...]

By |June 11th, 2019|Categories: Legal updates|

SEVENTH CIRCUIT REVIEWS DRUG INVESTIGATION FOR COMPLIANCE WITH THE FOURTH AMENDMENT: Part One – Conduct at Scene of Traffic Stop

On November 5, 2018, the Seventh Circuit Court of Appeals decided the United States v. Correa[i], which serves as an excellent review of various legal principles related to drug investigations. The relevant facts of Correa are as follows: The investigation that led the DEA to defendants Jason Correa and Saul Melero began when a DEA confidential source obtained $500,000 in cash from two unidentified men. DEA agents tailed the men to a house a few miles away and put the house under surveillance. Eight days later, on October 27, 2011, agents followed one of the men (who drove the same [...]

By |June 4th, 2019|Categories: Legal updates|

U.S. Supreme Court Update: The Existence of Probable Cause to Arrest May Defeat a First Amendment Claim as a Matter of Law

©2019 Jack Ryan, J.D., Legal & Liability Risk Management Institute   The United States Supreme Court noted that in a case where officers normally exercise their discretion and forego an arrest, a plaintiff may have a claim if the plaintiff presents objective evidence that other similarly situated persons who were not exercising the same type of protected speech had not been arrested. In Nieves v. Bartlett,[1]  the United States Supreme Court considered the issue of whether an   arrest by an officer, supported by probable cause, of a subject who is exercising their First Amendment rights, can form the basis of [...]

By |June 3rd, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT GRANTS IMMUNITY TO OFFICER WHO HIT FLEEING SUSPECT WITH PATROL VEHICLE

On October 22, 2018, the Eleventh Circuit Court of Appeals decided Haynes v. Richmond County Sheriff’s Office et al.[i], in which the court examined whether a deputy used excessive force when he struck Haynes, who was fleeing on foot, with his patrol vehicle. The relevant facts of Haynes, taken directly from the case, are as follows: A. Undisputed Facts On May 12, 2013, Roderick Haynes attended a cookout at an apartment complex in Augusta, Georgia. Deputy Sheriff Michael Garner heard an altercation at the cookout and pulled his patrol car around to the back of the building to investigate. As [...]

By |May 14th, 2019|Categories: Legal updates|

SECOND CIRCUIT DISCUSSES HANDCUFFING DURING AN INVESTIGATIVE DETENTION

On October 4, 2018, the Second Circuit Court of Appeals decided the United States v. Fiseku[i], in which the court examined whether an investigative detention was transformed into an illegal, de facto arrest when the suspects were detained in handcuffs prior to probable cause to arrest.   The relevant facts of Fiseku, taken directly from the case, are as follows: Fiseku and two other individuals were apprehended in the early hours of September 20, 2014, in Bedford, New York, a rural town in Westchester County. Sergeant Vincent Gruppuso of the Bedford Police Department was on duty that night, patrolling the streets [...]

By |May 7th, 2019|Categories: Legal updates|