VERASTIQUE V. CITY OF DALLAS – PART ONE – MUNICIPAL LIABILITY AND HOW MUCH CONDUCT IS REQUIRED TO ESTABLISH A “PATTERN” OF UNCONSTITUTIONAL CONDUCT
On July 8, 2024, the Fifth Circuit Court of Appeals decided Verastique v. City of Dallas[i], in which the court examined whether the City of Dallas was liable for the actions of their officers during riots and mass arrests that occurred in 2020. The relevant facts of Verastique are as follows: In 2020, major metropolitan areas were consumed by demonstrations following the release of a video depicting the well-known George Floyd incident in Minneapolis. Texas was not spared: Some of its cities suffered, inter alia, "widespread [and] severe damage, injury, and property loss.” In Dallas, demonstrations ultimately devolved into "several [...]
GEORGIA COURT OF APPEALS UPHOLDS CONVICTION FOR VIOLATION OF STATE ANTI-MASK STATUTE
On May 19, 2021, the Court of Appeals of Georgia decided Hutzel v. State[i], which involved the arrest of a counter-protestor who was wearing a mask. The relevant facts of Gonzales are as follows: So viewed, the record shows that in April 2018 there was a planned rally for the National Socialist Movement (“NSM”) in the City of Newnan (“the City”). The NSM group applied for and received a permit for the rally from the City, and a law enforcement officer testified that officers “prepared months in advance” for both the NSM protestors and anticipated counter-protestors from potential Antifa groups. A law [...]
EIGHTH CIRCUIT DISCUSSES REASONABLE SUSPICION, FALSE ARREST, EXCESSIVE FORCE AND VEHICLE SEARCHES
On July 25, 2024, the Eighth Circuit Court of Appeals decided Storrs v. Rozeboom[i], in which the court examined whether officers were entitled to qualified immunity in a suit that involved allegations of unlawful detention, false arrest, retaliation under the First Amendment, excessive force and an illegal search. The relevant facts of Storrs are as follows: On December 26, 2019, Officers Rozeboom and Malone responded to a shoplifting in progress at Dick's Sporting Goods in Papillion, Nebraska. A police dispatcher informed the officers that the suspects—a black male and black female—drove away to the east in a silver four-door sedan. When [...]
FIFTH CIRCUIT DISCUSSES SCOPE OF TRAFFIC STOP AND QUESTIONING OF DRIVER
On July 9, 2024, the Fifth Circuit Court of Appeals decided the United States v. Gonzalez[i], which serves as an excellent review of law pertaining to drug interdiction traffic stops. The relevant facts of Gonzalez are as follows: On June 14, 2019, Gonzalez was driving through Texas on U.S. 287 when State Trooper Daniel Manney ("the trooper") observed him traveling 91 miles per hour in a 75-miles-per-hour zone and stopped him for speeding. The trooper's body and in-car cameras captured the entire encounter. The trooper approached the passenger side of Gonzalez's vehicle, informed him that he had been stopped for [...]
FIFTH CIRCUIT DISCUSSES SUPERVISOR AND MUNICIPAL LIABILITY IN SEX ASSAULT CASE
On July 9, 2024, the Fifth Circuit Court of Appeals decided Terrell v. Harris County[i], in which the court examined liability of the Sheriff and the County after a deputy allegedly committed sexual assault with a woman he met at an off-duty job. The relevant facts of Terrell are as follows: Terrell spent the evening of February 23, 2020, at The Address, a bar in Houston where her cousin works. When she left, "there was visibly and audibly something wrong with her and she was not in her usual state of mind." At some point, Terrell encountered off-duty HCSO Deputies [...]
ELEVENTH CIRCUIT DISCUSSES LIABILITY FOR ARRESTING THE WRONG PERSON
On May 17, 2024, the Eleventh Circuit Court of Appeals decided Harris v. Hixon[i], which serves as an excellent review of the law related to liability for arresting the wrong person. The relevant facts of Harris are as follows: It all began on January 9, 2019, when someone broke into a car and stole a debit card and other items. The case was assigned to Columbia County Sheriff's Investigator Joseph Bultman. His case report documents the steps he took in his investigation, which led to the arrest of Harris. Bultman began his investigation by speaking to the crime victim. He learned [...]