On September 29, 2020, the Court of Appeals of Georgia decided Patrick v. Andrews[i], which serves as an excellent review of the law related to false arrest under the Fourth Amendment.  The relevant facts of Patrick, taken directly from the case, are as follows: Viewed with these principles in mind, the record shows that around 9:00 p.m. on August 8, 2013, Gregory Crosby phoned 911 and requested assistance regarding a dispute he was having with his neighbor about the location of a fencepost. Crosby told the dispatcher to “send someone before we shoot each other” and ended the phone call. Deputy Andrews was [...]

On April 21, 2021, the Fifth Circuit Court of Appeals decided Batyukova v. Doege[i], which involved a deputy who shot an unarmed, stranded motorist who refused to follow verbal commands, used profanity at the deputy, and reached for her waistband behind her back.  The relevant facts of Batyukova, taken directly from the case, are as follows: Brandon Doege was a deputy of the Bexar County, Texas Sheriff's Office who worked in the county's adult-detention center. He was not a patrol officer and had not undergone the same training as patrol officers. He was, though, commissioned as a peace officer and had [...]

In Vega v. Tekoh, the United States Supreme Court considered whether a plaintiff could sue a police officer under §1983, based on the allegedly improper admission of an “un-Mirandized” statement in a criminal prosecution. The Court laid out the facts as follows: In March 2014, Tekoh was working as a certified nursing assistant at a Los Angeles medical center. When a female patient accused him of sexually assaulting her, the hospital staff reported the accusation to the Los Angeles County Sheriff’s Department, and Deputy Vega responded. Vega questioned Tekoh at length in the hospital, and Tekoh eventually provided a written [...]

On May 26, 2021, the Sixth Circuit Court of Appeals decided the Estate of Erwin v. Greene County[i], which serves as an excellent review regarding the law related to the reasonable use of Tasers under the Fourth Amendment.  The relevant facts of Erwin, taken directly from the case, are as follows: In the years preceding her death, Beunos Erwin lived with her son, Cody Erwin, in two residences next door to each other in Greene County, Tennessee. Shortly after midnight on September 24, 2017, Mr. Erwin called the Greene County Sheriff's dispatch to request assistance with his then-81-year-old mother, who was [...]

On April 12, 2021, the Sixth Circuit Court of Appeals decided Cunningham v. State of Michigan Dept. of State Police[i], which serves as an excellent review regarding the law related to reasonable force under the Fourth Amendment.  The relevant facts of Cunningham, taken directly from the case, are as follows: Sonstrom was patrolling near Romulus, Michigan, when he noticed a car with darkly tinted windows. Some window tints are illegal in Michigan, so Sonstrom pulled the car over. The driver was Frazier Cunningham, a 450-pound adult man. Sonstrom ran Cunningham's information and discovered that Cunningham had a long criminal history. Cunningham's [...]

On April 6, 2021, the Fifth Circuit Court of Appeals decided Cloud v. Stone[i], which serves as an excellent review of the law related to both the use of a Taser and deadly force.  The relevant facts of Cloud, taken directly from the case, are as follows: Around midday on August 29, 2017, Deputy Luker observed  Cloud speeding on  I-20 in Simsboro, Louisiana. Luker followed Cloud off the interstate and pulled him over on Highway 80, across the street from Simsboro High School. When Luker wrote Cloud a ticket for driving 13 m.p.h. over the speed limit, Cloud protested that [...]