On March 24, 2025, the Fourth Circuit Court of Appeals decided Somers v. Devine[i], in which the court examined whether an officer violated the First and Fourth Amendments when he arrested a woman at a school board meeting who refused to follow a mask regulation, refused to lower the volume of her voice, and refused to leave the school where the meeting was held upon being ordered to do so by police. The relevant facts of Somers, taken directly from the case, are as follows: On February 9, 2022, she arrived at an administrative building in Elkton, Maryland, to attend [...]

From the United States Supreme Court Per Curiam Decision Zorn v. Linton 2026 US LEXIS 1471 March 24, 2026 Jack Ryan, Attorney Legal and Liability Risk Management Institute This case did not address whether the use of force by Sergeant Zorn was reasonable but instead held that the law was not clearly established that “using a routine wristlock to move a resistant protester after warning her, without more, violates the U.S. Constitution.” The United States Supreme Court outlined the events and interaction between Officer Zorn and Protester Linton as follows: On January 8, 2015, Vermont hosted the inauguration for Governor [...]

On July 2, 2024, the Court of Appeals of Georgia decided the State v. Caldwell[i], in which the court examined whether a deputy unreasonably extended the duration of a traffic stop by questioning the driver about marijuana.  The relevant facts of Caldwell are as follows: On April 9, 2021, Deputy Reece of the Cherokee County Sheriff's Office initiated a traffic stop of a vehicle after observing that the driver was not wearing his seatbelt. Deputy Reece approached the vehicle and made contact with Daniel Murray, the driver, and Caldwell, who was seated in the front passenger's seat. As Deputy Reece requested [...]

On January 23, 2025, the Sixth Circuit Court of Appeals decided Moore v. Oakland Cnty.[i], which is instructive regarding the use of soft-empty-hand control tactics with a non-compliant, driver during a traffic stop.  The relevant facts of Moore, taken directly from the case, are as follows: On May 8, 2020, Glorianna Moore drove her car to deliver a Dunkin' Donuts order to a DoorDash customer in Pontiac, Michigan. Officer Brian Wilson noticed that she was going 50 miles per hour in a 35 mile-per-hour zone. He stopped her. Wilson's dashcam and Moore's phone camera captured the next three minutes. Wilson [...]

On January 17, 2025, the Fifth Circuit Court of Appeals decided Cantu v. Austin Police Dep’t[i], which is instructive regarding the use of deadly force, as well as the Americans with Disabilities Act (ADA).  The relevant facts of Cantu, taken directly from the case, are as follows: Paul Cantu was "suicidal and suffering from mental distress" when the Austin Police Department (APD) encountered him on January 29, 2019. APD Sergeant Michael Joseph located Cantu's car off-road in a grassy field while responding to a service call around 1:40 a.m. that morning. Joseph parked behind the car and shined his spotlights [...]

On January 21, 2025, the Seventh Circuit Court of Appeals decided Ancheta v. Jones[i], in which several police officers converged on drug suspect at a gas station.  The first officer to approach, with gun pointed, was in plainclothes and allegedly failed to properly identify himself.  The drug suspect was shot, based on his actions, and he filed suit arguing that the first officer’s failure to properly identify himself led to his shooting.  Since use of force cases are fact-intensive, the relevant facts of Ancheta, taken directly from the case, are as follows: October 2018, officers with the Winnebago County, Illinois, [...]