In Willis v. Mock,[i] the Eleventh Circuit Court of Appeals was faced with the issue of whether it was reasonable under the Fourth Amendment for officers to use deadly force to end a dangerous, high-speed pursuit of a motorcycle.  A summary of the facts of Willis is as follows: On April 13, 2008, Joseph Benjamin Willis left Tallahassee, Florida on his motorcycle bound for Florida's Gulf Coast. As he headed south on U.S. Highway 319 near the Walmart Supercenter in Crawfordville, Florida, a Wakulla County deputy sheriff traveling north clocked him at 80 mph—25 mph over the posted limit. The [...]

In 2016, the Fifth Circuit Court of Appeals decided Griggs v. Brewer[i], in which the court examined whether an officer was entitled to qualified immunity for performing a takedown on resisting DUI suspect, punching the suspect in the head when he actively resisted handcuffing, and then, after being handcuffed and placed partially in the police vehicle, punching the suspect in the face after he kicked the officer in the chest.  The 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 [...]

Officers are often faced with situations where a person is non-compliant and refuses to follow lawful orders.  Officers are faced with making decisions on what type of force to use in these situations, and guidance from the caselaw always notes that use of force cases are very dependent on the specific facts of the case at issue.  In 2022, the Fifth Circuit Court of Appeals decided Betts v. Brennan[i], which is instructive regarding the use of a conducted energy weapon (CEW), which, in this case, was a Taser.  The facts of Betts, taken directly from the case, are as follows: [...]

On October 18, 2023, the Seventh Circuit Court of Appeals decided Tousis v. Billiot[i], in which the court examined whether an officer was entitled to qualified immunity for using deadly force on a fleeing motorist. In Tousis, agents from the Drug Enforcement Administration (DEA) were investigating Gus Tousis for drug trafficking.  Agents obtained a warrant and placed a GPS tracking device on his vehicle with which they could track his location and speed.  On June 2, 2018, agents conducted surveillance as Tousis went to a drug supplier’s house to purchase cocaine. The remaining relevant facts of Tousis are as follows: [...]

On October 19, 2023, the Eleventh Circuit Court of Appeals decided the United States v. Bryant[i], which serves as excellent review of the law related search warrants, curtilage, and inaccurate information in the search warrant affidavit.  The relevant facts of Bryant are as follows: On July 8, 2020, a state judge in Osceola County, Florida, issued an arrest warrant for Bryant for aggravated assault with a deadly weapon, among other offenses, arising from a shooting in May 2020. Believing that Bryant was outside the county, local law enforcement requested assistance from U.S. Deputy Marshal Andy Deacon, the federal warrants coordinator in [...]

In the world of private business, the doctrine of respondeat superior can make an employer liable for the torts committed by their employees in the scope of their duties.  However, this doctrine is not applicable to municipalities and counties regarding the actions of law enforcement officers.  In 2016, the First Circuit Court of Appeals decided Saldivar v. Racine,[i] which is instructive regarding the liability of municipalities for the actions of their law enforcement officers.  The relevant facts of Saldivar, taken directly from the case, are as follows: In early June 2011, Elba Saldivar, a resident of Fall River, contacted the Fall [...]