FOURTH CIRCUIT GRANTS IMMUNITY TO K9 OFFICER FOR BITE TO SUICIDAL SUBJECT
On April 19, 2023, the Fourth Circuit Court of Appeals decided Putman v. Harris[i], in which the court examined whether it was reasonable for a K9 officer to order his dog to bite a man that had recently threatened suicide by use of a handgun. The relevant facts of Putman are as follows: In May 2019, Dillard Putman sent several texts to his wife, Kandi, threatening self-harm and suicide. One message read that Putman had "a gun in [his] mouth," and warned Kandi to not "come to the house[.] I'd rather some one else find me." J.A. 48-50. She went [...]
FOURTH CIRCUIT DISCUSSES REASONABLE SUSPICION AND TIPS
On April 17, 2023, the Fourth Circuit Court of Appeals decided Torres v. Ball[i], which serves as an excellent review of the law related to tips and reasonable suspicion. In Torres, Sergeant Ball received a look-out to help another agency locate a suspect, Torres, who was wanted in Buncombe County (NC) for breaking and entering and larceny, and nine other warrants in Henderson County. Sergeant Ball used their record management system to verify the two outstanding warrants in Buncombe County and checked Torres’ criminal history, which included assault with a deadly weapon, carrying a concealed firearm, intimidating a witness, threats, [...]
OFFICERS SUED FOR EXCESSIVE FORCE AND HELP FROM BODY CAMERA SAVES THE OFFICERS
On May 3, 2023, the Eleventh Circuit Court of Appeals decided Baker v. City of Madison [Alabama][i], in which officers were sued for excessive force for the use of a Taser. In this case, the plaintiff, Baker, was driving his car with his friend as a passenger, and he crashed into the rear of another vehicle. Paramedics arrived and began to assess Baker’s condition as he sat in his vehicle. Shortly thereafter, Officer Nunez arrived. The facts alleged in Baker’s complaint differ significantly from what was recorded on Officer Nunez’s body camera. Baker alleged in his civil complaint that he [...]
FIFTH CIRCUIT DISCUSSES ACTIVE RESISTANCE, TASER AND EXCESSIVE FORCE
On April 21, 2023, the Fifth Circuit Court of Appeals decided Beroid v. Lafleur[i], which serves as an excellent review of the law related active resistance, the use of a Taser, and excessive force. The relevant facts of Beroid are as follows: According to Beroid's complaint, he alleged that Officers LaFleur, Leblanc and Senegal were dispatched to his parents' house after receiving a call from his fiancée about an argument the two were having. After the situation settled down, Beroid's fiancée left, and he remained at his parents' house where he intended to stay for the evening. Beroid alleged that the [...]
ABANDONMENT AND THE FOURTH AMENDMENT
On May 2, 2023, the Tenth Circuit Court of Appeals decided the United States v. Porter[i], which serves as excellent review of the law related abandonment, or denial of ownership of personal property, and its impact on Fourth Amendment protection. The relevant facts of Porter are as follows: Mr. Porter was identified as a suspect in a July 22, 2020, shooting and a warrant was issued for his arrest. A wanted bulletin contained a physical description, a short account of his criminal history, and information that he was suspected of membership in the Crips gang. Mr. Porter was wanted for attempted [...]
FOURTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR OFFICER WHO SHOT MAN DROPPING GUN
On April 4, 2023, the Fourth Circuit Court of Appeals decided Franklin v. City of Charlotte[i], in which the court examined whether an officer was entitled to qualified immunity when she shot a person who was following commands to drop his weapon. It is important to note that, at a motion for qualified immunity, the court must view the facts as the plaintiff alleges, unless there is clear evidence to the contrary, such as video. The relevant facts of Franklin, viewed in a light most favorable to the plaintiff, are as follows: Just after 9:00 a.m. on March 25, 2019, [...]