©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 26, 2017, the Fifth Circuit Court of Appeals decided Alvarez v. City of Brownsville[i], in which the court discussed whether the City of Brownsville was liable when it failed to disclose a video that showed that Alvarez was innocent of the assault of a prison guard for which he pled guilty. The relevant facts of Alvarez, taken directly from the case, are as follows: In November 2005, the Brownsville Police Department ("BPD") arrested Alvarez on suspicion of burglary and public intoxication, then placed him in a holding cell. After [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 10, 2017, Eleventh Circuit Court of Appeals decided Simpson v. Vickers et al.[i], in which the court examined whether a school resource officer used excessive force when he threatened a parent with a Taser when the parent refused to leave his office and then allegedly bumped her with the door as it was shutting. The relevant facts of Simpson, taken directly from the case, are as follows: While monitoring school security cameras, Vickers witnessed Simpson Jr. violate school rules. Simpson Jr.'s assistant principal later met with Simpson Jr., informed [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 7, 2017, the Third Circuit Court of Appeals decided Fields v. City of Philadelphia et al.[i] and Geraci v. City of Philadelphia et al., both decided in one opinion in which the court examined whether a person has a right to film or photograph the police in public, even if, at the time, the person does not express the intent to publish the photo or video in some form of media. The relevant facts of Fields and Geraci, taken directly from the case, are as follows: In September 2012, Amanda Geraci, a [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On July 6, 2017, the Eleventh Circuit Court of Appeals decided Avery v. Davis et al.[i], in which the court discussed whether an officer was entitled to immunity under federal law and state law for punching a person in the face while he appeared to be chasing another man at a large, chaotic fight. The relevant facts of Avery, taken directly from the case, are as follows: Avery attended a party at a Birmingham YMCA that became violent. After the police came and shut down the party, Avery and two of [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 2, 2017, the Eleventh Circuit Court of Appeals decided Reed v. Cough et al. [i], in which the court discussed whether a detective violated the Fourth Amendment when he arrested a suspect who, while fleeing as the victim of an attack, ran over his assailant with his car, and whether the patrol officer who shot at the fleeing suspect, but did not hit him, committed excessive force in violation of the Fourth and Fourteenth Amendments. The incident that is the basis for the suit took place on New [...]

©2017 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On June 7, 2017, the Fourth Circuit Court of Appeals decided Safar v. Tingle[i], in which the court discussed whether an officer and a prosecutor violated the Fourth Amendment when they failed to dismiss arrest warrant after the victim told them that that no crime had been committed. The relevant facts of Safar, taken directly from the case, are as follows: Plaintiffs Eshow and Safar are married residents of Alexandria, Virginia. In September 2012, Eshow purchased around $1,000 of home flooring from Costco in Pentagon City, Virginia. Shortly thereafter, while browsing [...]