Legal Update Archive2026-08-07T17:51:27-04:00

SHOT SUSPECT WHO ESCAPES DOES NOT HAVE CLAIM FOR EXCESSIVE FORCE

On May 2, 2019, the Tenth Circuit Court of Appeals decided Torres v. Madrid et al.[i], in which the court examined whether officer violated the Fourth Amendment when they shot Torres, but she escaped.  The relevant facts of Torres, taken directly from the case, are as follows: Early in the morning on July 15, 2014, New Mexico State Police officers went to an apartment complex in Albuquerque to arrest a woman, Kayenta Jackson, who was "involved with an organized crime ring." Aplt. App. at 120. The officers saw two individuals standing in front of the woman's apartment next to a [...]

By |December 30th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT DISCUSSES EXCESSIVE FORCE AND PRE-TRIAL DETAINEES

On May 9, 2019, the Eleventh Circuit Court of Appeals decided Piazza v. Jefferson County et al.[i], in which the court examined whether a deputy used excessive force against a pre-trial detainee in the jail, and if so, whether the deputy’s supervisors were also liable.  The relevant facts of Piazza, taken directly from the case, are as follows: Ricky Hinkle, who suffered from alcoholism, heart disease, and depression, was arrested while "visibly intoxicated" and was taken to the Jefferson County Jail in Bessemer, Alabama.1 The next day, he was transferred to the Birmingham City Jail. Soon thereafter, he began suffering [...]

By |December 23rd, 2019|Categories: Legal updates|

PARKING ENFORCEMENT MEETS THE FOURTH AMENDMENT

On April 22, 2019, the Sixth Circuit Court of Appeals decided Taylor v. City of Saginaw[i], in which the court examined whether marking a parked car’s tires with chalk to determine if the car is being moved, violates the Fourth Amendment. In Taylor, parking enforcement officers for the City of Saginaw used a technique called “chalking” to determine how long a car has been parked.  Using this technique, the officer will use chalk to mark a parked car’s tires.  The officer will then check the chalk marks after a period of time to determine if the car has been moved.  [...]

By |December 16th, 2019|Categories: Legal updates|

ELEVENTH CIRCUIT UPHOLDS REMOVAL OF AMMO FROM POCKET OF BURGLARY SUSPECT

On April 16, 2019, the Eleventh Circuit Court of Appeals decided the United States v. Johnson[i], in which the court examined whether an officer was authorized seize a round of ammunition and empty holster he felt during a valid Terry frisk. The relevant facts of Johnson, taken directly from the case, are as follows: Williams, a police officer for the City of Opa-Locka, Florida, sat alone in his patrol car when a call came over his radio shortly after 4:00 a.m. on June 14, 2015. The call reported a burglary in progress at a nearby multi-family duplex and described the [...]

By |December 10th, 2019|Categories: Legal updates|

EIGHTH CIRCUIT UPHOLDS IMMUNITY FOR OFFICERS WHO DETAIN MAN AND WOMAN AT LUMBERYARD FOR FAILING TO ALLOW STORE EMPLOYEES TO SEARCH

On April 11, 2019, the Eighth Circuit Court of Appeals decided Waters v. Madson[i], in which the court examined whether officers violated the Fourth Amendment when they detained a man and his wife at a lumberyard when the man failed to allow store employees to check his trunk pursuant to a posted store policy. The relevant facts of Waters, taken directly from the case, are as follows: On March 27, 2016, Appellants visited a Menards store in Coon Rapids, Minnesota, to exchange a saw Mr. Waters had previously purchased for a new saw he had purchased online. Mr. Waters video-recorded [...]

By |December 3rd, 2019|Categories: Legal updates|

DEADLY FORCE: MAN WITH KNIFE SHOT BY POLICE

On April 3, 2019, the Fifth Circuit Court of Appeals decided the Estate of Shepherd v. City of Shreveport[i], in which the court examined whether an officer acted reasonably under the Fourth Amendment when he shot an killed a man with a knife. The relevant facts of Shepherd, taken directly from the case, are as follows: On October 15, 2013, Corporal Tucker was dispatched to Mr. Shepherd's home to assist the Shreveport Fire Department with a 911 call. Corporal Tucker was informed by dispatch that there was a potentially violent male who had possibly suffered a stroke and who the [...]

By |November 26th, 2019|Categories: Legal updates|
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