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 [...]

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: [...]