On November 17, 2023, the Fifth Circuit Court of Appeals decided Argueta v. Jaradi[i], in which the court of appeals examined whether it was reasonable for an officer to shoot a fleeing suspect who made a furtive movement indicative of being armed or reaching for a weapon.  The relevant facts of Argueta are as follows: On June 25, 2018, Argueta and his girlfriend, Mary Ann Luna, drove to a convenience store in Galveston around 3 a.m. According to Luna, Argueta intended to buy a cigar. While Argueta was inside the store, Jaradi and his partner, Officer Matthew Larson, drove into the [...]

On July 24, 2023, the Court of Appeals of Georgia decided Rush v. State[i], which serves as an excellent review of the law related to pretextual traffic stops and canine sniffs of vehicle during traffic stops.  The relevant facts of Rush are as follows: [T]he record shows that on May 27, 2020, Mark Sutton, a narcotics investigator with the Lumpkin County Sheriff's Office, received a tip from a confidential informant about the details of a vehicle in Dahlonega involved in drug activity. Investigator Sutton observed the vehicle in the area and followed it to a gas station. Sutton later identified the [...]

On November 21, 2023, the Fifth Circuit Court of Appeals decided Sligh v. City of Conroe[i], in which the court examined whether a canine officer was entitled to qualified immunity for allowing his dog to bite an emotionally disturbed woman who resisted an officer’s attempt place her in custody.  The relevant facts of Sligh are as follows: This case involves a plaintiff who was bitten and injured by a police dog. The below facts are mainly taken from the operative complaint. At 1:39 a.m. on July 5, 2018, Plaintiff-Appellant Olivia Sligh's partner called 911 to report that Sligh was suicidal, had [...]

On November 21, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Altieri[i], which serves as an excellent review of the law related to probable cause and arrests for prowling.  The relevant facts of Altieri are as follows: On March 28, 2022, at approximately 1:25 a.m., Officer Shannon noticed a car parked on Nova Drive, alongside a college, in Davie, Florida. Two males exited the vehicle dressed in all black and wearing black masks. Mr. Altieri—one of the two men—carried a plastic garbage bag and at least one of the two wore latex gloves. The two began to [...]

On November 20, 2023, the Eleventh Circuit Court of Appeals decided Bouvier v. City of Covington[i], which serves as excellent review of the law related arrest and use of force.  The relevant facts of Bouvier are as follows: On August 18, 2018, the officers responded to a 9-1-1 call from Lance Taylor, a contract security guard for Piedmont Hospital Newton, regarding a disturbance in the labor-and-delivery unit. Smith was the first to arrive. Taylor told Smith that the hospital staff "were trying to give this girl an epidural" but that another girl, later identified as Bouvier, "was refusing to leave [...]

Barnes v. Felix Oral Argument Before the United States Supreme Court January 22, 2025 Jack Ryan, Attorney Legal and Liability Risk Management Institute The United States Supreme Court heard oral argument in Barnes v. Felix, No. 23-1239, a deadly force case that has been predicted to have a major impact on use of force analysis. The facts of the case were outlined by the United States Court of Appeal for the 5th Circuit as follows: Officer Roberto Felix, Jr. fatally shot Ashtian Barnes on April 28, 2016, following a lawful traffic stop. The facts leading up to the shooting are undisputed. At [...]