On March 14, 2018, the Court of Appeals of Georgia decided GeorgiaCarry.org, Inc. v. Atlanta Botanical Garden, Inc.[i], in which the court examined whether the Atlanta Botanical Gardnen, a private entity, could prohibit weapons since they leased the property from the City of Atlanta, an entity that under Georgia law, could not prohibit weapons.   The relevant facts of this case are as follows: The [Atlanta Botanical] Garden is a private, non-profit corporation that operates a botanical garden complex on property secured through a 50-year lease with the City of Atlanta. Evans holds a Georgia weapons carry license and is a [...]

On April 12, 2018, the Fourth Circuit Court of Appeals decided Spivey v. Norris et al.[i], in which the court considered whether a detective was entitled to qualified immunity for a constitutional and state law malicious prosecution claims. The relevant facts of Spivey, taken directly from the case, are as follows: Danielle Spivey visited dentist Dr. Brent Lawson on August 17, 2012, to address swelling that followed root canal surgery. On that day, Lawson prescribed Spivey penicillin and Percocet, a narcotic pain medication. Spivey returned to Lawson's office on August 20, 2012, for a tooth extraction, and Lawson gave her [...]

On April 20, 2018, the Fifth Circuit Court of Appeals decided Romero v. City of Grapevine et al.[i], in which the court examined whether an officer was entitled to qualified immunity when he shot a suspect who fled a burglar alarm, led police on a dangerous high-speed chase, and repeated refused commands but was subsequently found to be unarmed.  The relevant facts of Romero, taken directly from the case, are as follows: On February 20, 2015, shortly after six PM, Officer Clark responded to a burglar alarm at a commercial building. In the driveway adjacent to the back of the [...]

On April 25, 2018, the Court of Appeals of Georgia decided Jenkins v. the State[i], in which the court examined whether a driver is seized under the Fourth Amendment when an officer initiates a traffic stop, the driver stops and then the driver flees as the officer walks up to the vehicle.   The relevant facts of Jenkins, taken directly from the case, are as follows: The evidence showed that agents of the United States Drug Enforcement Administration were conducting surveillance on a residence in Duluth assisted by a Georgia State Patrol officer stationed in his patrol vehicle near the residence. [...]

On April 2, 2018, the Eleventh Circuit Court of Appeals decided Crocker v. Beatty[i], in which the court examined whether a deputy sheriff was entitled to qualified immunity when he seized the cell phone of a bystander who had taken photos of a traffic crash scene.   The relevant facts of Beatty, taken directly from the case, are as follows: On the afternoon of May 20, 2012, Crocker was driving northbound on Interstate 95 in Martin County, Florida when he observed an overturned SUV in the interstate median that had recently been involved in an accident. Crocker pulled over on the [...]

On March 13, 2018, the Tenth Circuit Court of Appeals decided Kendall v. Olsen et al.[i], in which the court discussed whether an officer violated the Fourth Amendment when he shot a dog in the plaintiff’s backyard while searching for a missing child. The relevant facts of Kendall, taken directly from the case, are as follows: In June 2014, Officer Olsen, Lieutenant Purvis and other members of the Salt Lake City Police Department responded to a call reporting that a three-year-old child was missing from his home. After officers searched the home and failed to find the boy, Lieutenant Purvis [...]