Legal Update Archive2018-08-06T22:11:41-04:00

FIFTH CIRCUIT UPHOLDS QUALIFIED IMMUNITY FOR OFFICER IN SCHOOL ARREST AND USE OF FORCE

On November 14, 2019, the Fifth Circuit Court of Appeals decided Defrates v Podany[i], in which the court examined whether an officer was entitled to qualified immunity for an arrest of a parent and use of force against a parent at a school function.  The relevant facts of Defrates, taken directly from the case, are as follows: On May 16, 2015, Podany, an off-duty police officer, arrested Defrates for criminal trespass and resisting arrest at an off-campus school event put on by Village Tech Schools. But there is more to this story than just the events of that day. About [...]

By |October 27th, 2020|Categories: Legal updates|

SEVENTH CIRCUIT HOLDS NO FOURTH AMENDMENT LIABILITY WHEN NOT ACTING UNDER COLOR OF LAW

On November 26, 2019, the Seventh Circuit Court of Appeals decided Barnes v. City of Centralia et al.[i], in which the court examined whether an officer was liable when he reported threats he received to the police, as would any private citizen.  The relevant facts of Barnes, taken directly from the case, are as follows: A gang named the "Rude Boyz" is well known in the City of Centralia in downstate Illinois. Two of its members threatened a twelve-year-old boy who witnessed a gang-related shooting in a park. The threats were investigated by Peebles, who over the years has arrested [...]

By |October 19th, 2020|Categories: Legal updates|

FIFTH CIRCUIT UPHOLDS SUMMARY JUDGMENT FOR OFFICERS WHO SHOT MAN ARMED WITH A BB GUN

On November 25, 2019, the Fifth Circuit Court of Appeals decided Garza v. Briones et al.[i], in which the court examined whether officers who shot a man armed with what was later learned to be a BB gun, violated the Fourth Amendment.  The relevant facts of Garza, taken directly from the case, are as follows: At about 1:43 a.m. on August 14, 2014, several officers, including defendants, responded to a 911 call from a truck stop. The caller informed the officers that a man—later identified as Garza—was sitting alone in front of the truck stop's bar playing with a pistol [...]

By |October 13th, 2020|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES SCOPE OF A TRAFFIC STOP

On November 20, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Cheeks[i], in which the court examined whether an officer had sufficient reasonable suspicion to stop a vehicle, and whether the officer impermissibly expanded the scope of the traffic stop.  The relevant facts of Cheeks, taken directly from the case, are as follows: Officer Danny Turner of the Heflin, Alabama Police Department testified that on April 6, 2017, while on patrol on the westbound side of I-20, he saw Cheeks, on two separate occasions, make a lane change where his turn signal came on but turned [...]

By |October 5th, 2020|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS SUMMARY JUDGMENT FOR SCHOOL RESOURCE OFFICER IN EXCESSIVE FORCE SUIT

On November 18, 2019, the Eleventh Circuit Court of Appeals decided Hines v. Jefferson[i], in which the court examined whether a deputy, who was working as a school resource officer (SRO), violated the Fourth Amendment regarding excessive force and malicious prosecution and the Fourteenth Amendment regarding excessive corporal punishment.  The relevant facts of Hines, taken directly from the case, are as follows: On August 29, 2016, K.S. was standing in the common area of the school before classes started when another student, D.B., tapped her on the shoulder and asked if she wanted to fight. K.S. responded that she did [...]

By |September 29th, 2020|Categories: Legal updates|

COURT OF APPEALS OF GEORGIA DISCUSSES AUTOMOBILE SEARCHES

On October 23, 2019, the Court of Appeals of Georgia decided Lowe v. State[i], in which the court discussed various exceptions to the warrant requirement that pertain to vehicles, and ultimately decided to reverse the trial court’s denial of a motion to suppress.  The relevant facts of Lowe, taken directly from the case, are as follows: [T]he evidence demonstrates that agents with the Savannah Police Department's Counter Narcotics Team were conducting surveillance on a house on Cottonvale Road based on an anonymous complaint, in the form of a tip sheet. According to the complaint, "M. S.", an unidentified male, was, [...]

By |September 21st, 2020|Categories: Legal updates|

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