Legal Update Archive2026-08-07T17:51:27-04:00

ARMED PROTESTORS SUE POLICE AND LOSE

On February 26, 2024, the Fifth Circuit Court of Appeals decided Grisham v. Valenciano[i], which is instructive regarding legalities in dealing with armed protestors.  The relevant facts of Grisham are as follows: Grisham and Everard are self-styled "Second Amendment protestors" who had been involved in several protests advocating for the repeal of a City ordinance that governs the unauthorized carrying of loaded firearms. This case arises out of their arrests on March 27, 2018. Prior to this date, the Olmos Park Police Department had received calls from dispatch on numerous occasions and was aware of several Second Amendment demonstrations happening throughout [...]

By |June 17th, 2025|Categories: Legal updates|

Martin, Individually and as Parent and Next Friend of G.W., a Minor, ET AL., v. United States ET AL. 2025 U.S. LEXIS 2281 (6/12/2025)

From the United States Supreme Court Martin, Individually and as Parent and Next Friend of G.W., a Minor, ET AL., v. United States ET AL. 2025 U.S. LEXIS 2281 (6/12/2025) Procedurally, this Case has NO impact on Local Law Enforcement and only applies to Federal Law Enforcement.   The facts suggest that hitting the wrong house with a warrant as well as force used during the execution in such a circumstance may be actionable by a plaintiff as many lower courts have concluded.  The United States Supreme Court outlined the facts of the law enforcement event as follows: In the predawn [...]

By |June 13th, 2025|Categories: Legal updates|

OFFICER PUNCHED SUSPECT BEFORE AND AFTER HANDCUFFING- FIFTH CIRCUIT AFFIRMS QUALIFIED IMMUNITY

In 2016, the Fifth Circuit Court of Appeals decided Griggs v. Brewer[i], which serves as an excellent review of the law related to excessive force and punches.  The relevant facts of Griggs are as follows: Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by Tanner Griggs after Griggs ran a red light around 2:00 a.m. on September 4, 2013. A video and audio recording from Officer Brewer's dashboard camera captured most of the incident. Officer Brewer smelled alcohol and suspected that Griggs might be intoxicated, so he asked Griggs to exit the vehicle and conducted a [...]

By |June 10th, 2025|Categories: Legal updates|

FIFTH CIRCUIT AFFIRMS QUALIFIED IMMUNITY FOR OFFICERS IN EXCESSIVE FORCE SUIT

In 2018, the Fifth Circuit Court of Appeals decided Cadena v. Ray[i], which serves as an excellent review of the law related to excessive force.  The relevant facts of Cadena are as follows: [The] evidence in this case consists of two videos, one recorded by Cadena on his cell phone and one taken by a nearby security camera. As Cadena filmed his wife's arrest for public intoxication in a hotel lobby, an officer, who later gave an affidavit stating that "Cadena smelled of intoxicants, had bloodshot eyes, [and] was unsteady on his feet," ordered Cadena to leave the lobby and wait [...]

By |June 3rd, 2025|Categories: Legal updates|

EXIGENT CIRCUMSTANCES TO ENTER PRIVATE PREMISES

On October 2, 2023, the Court of Appeals of Georgia decided Jackson v. State[i], which serves as an excellent review of the law related warrantless, exigent home entry.  The relevant facts of Jackson are as follows: [T]he evidence showed that an officer responded to a disorderly conduct call to assist other officers. The officer testified that when he arrived another officer came over and advised that “he was able to somewhat de-escalate the situation, got the wife and kids out of the house, but that Mr. Jackson was still inside and still being disorderly and armed with an orange knife in [...]

By |May 27th, 2025|Categories: Legal updates|

ELEVENTH CIRCUIT AFFIRMS QUALIFIED IMMUNITY FOR OFFICER IN FALSE ARREST SUIT

On February 21, 2024, the Eleventh Circuit Court of Appeals decided Mincey v. Vardman[i], which serves as an excellent review of the law related to false arrest.  The relevant facts of Mincey are as follows: On July 7, 2019, Mincey and her daughter Sonnier were in the waiting room of the emergency room (ER) at Piedmont Columbus Northside Hospital in Columbus, Georgia. Mincey and Sonnier were visiting a sick loved one, and they were each holding one of Sonnier's 10-month-old twins. By chance, some extended family members were also present in the ER visiting a different sick loved one. Mincey [...]

By |May 20th, 2025|Categories: Legal updates|
Go to Top