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 supervisors in law enforcement agencies.  In 2016, the First Circuit Court of Appeals decided Saldivar v. Racine,[i] which is instructive regarding supervisory liability for police supervisors.  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 River Police Department and reported that her child had been harassed at [...]

Officers are often called to respond with EMS on medical emergency calls. At times, the subject of the medical call is physically resistant to paramedics as they are attempting to assist the person with a life-threatening crisis.  Officers are then faced with a dilemma regarding using force to assist the paramedics.  This dilemma occurs because police are typically trained regarding the use of force against criminal suspects who are resisting arrest, rather than medical patients.  This was the case in the Estate of Hill v. Miracle,[i] decided by the Sixth Circuit Court of Appeals in 2017.  The relevant facts of [...]

On April 7, 2022, the Eleventh Circuit Court of Appeals decided Ingram v. Kubik[i], which is instructive regarding excessive force and supervisor liability.  This is Part Two of a two part series. This article will discuss the law related to supervisor liability.  The relevant facts of Ingram are as follows: Ingram is an Iraq War veteran who suffers from post-traumatic stress disorder. In October 2017, while suffering from a mental-health crisis, Ingram cut his wrist with a knife at his home. His girlfriend called the Veterans Affairs suicide hotline, which contacted law enforcement. Deputy Louis Kubik and another deputy from [...]

On April 7, 2022, the Eleventh Circuit Court of Appeals decided Ingram v. Kubik[i], which is instructive regarding excessive force and supervisor liability.  This is Part One of a two part series. This article will discuss the law related to excessive force.  The relevant facts of Ingram are as follows: Ingram is an Iraq War veteran who suffers from post-traumatic stress disorder. In October 2017, while suffering from a mental-health crisis, Ingram cut his wrist with a knife at his home. His girlfriend called the Veterans Affairs suicide hotline, which contacted law enforcement. Deputy Louis Kubik and another deputy from [...]

On August 25, 2023, the Fifth Circuit Court of Appeals decided Bailey v. Iles[i], which serves as excellent review of the law related search warrants, curtilage, and the automobile exception to the search warrant requirement.  The relevant facts of Bailey are as follows: Bailey lives in Rapides Parish in central Louisiana. On March 20, 2020-during the first month of the COVID-19 pandemic-he posted this on Facebook: (in summary) - that RPSO deputies would shoot them if they were "infected"-or to RPSO deputies- that the "infected" would shoot back-. . .[ii] Bailey intended the post as a joke and did not intend [...]

On August 23, 2023, the Sixth Circuit Court of Appeals decided the United States v. Lenhart[i], which is instructive regarding the Fourth Amendment rights of parolees.  The relevant facts of Lenhart are as follows: In late May 2019, officers from the Northern Ohio Violent Fugitive Task Force sought to locate Lenhart, an Ohio parolee, and execute two outstanding warrants for his arrest. Those warrants stemmed from Lenhart's (1) failing to charge or physically removing his electronic ankle monitor, leaving his whereabouts unknown to the Ohio Adult Parole Authority, and (2) leading local police on a high-speed chase. Lenhart was last [...]