©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 7, 2016, the Fourth Circuit Court of Appeals decided the Holloman v. Markowski et al[i]. , in which the court examined the issue of whether law enforcement officers violated the Fourth Amendment when they shot an unarmed man who was physically attacking an officer. The relevant facts of Holloman, taken directly from the case, are as follows: On the afternoon of May 19, 2012, Holloman hosted a birthday party for her granddaughter. During the party, Johnson, who had previously been diagnosed with bipolar disorder, came to Holloman's house, where [...]

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On October 4, 2016, the Eleventh Circuit Court of Appeals of decided Nigro v. Carrasquillo[i], in which the court examined the issue of whether an officer violated the Fourth Amendment when he twice pepper sprayed a handcuffed woman who was attempting to kick the window out of his police car. The relevant facts of Nigro, taken directly from the case, are as follows: On September 7, 2014, Officer Carrasquillo and other officers responded to a call that Ms. Nigro was causing a disturbance in her neighborhood. The neighbors told Officer Carrasquillo [...]

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 2nd,2016, the Eleventh Circuit Court of Appeals decided Bratt v. Genovese et al.[i], which serves as an excellent review of the law pertaining to home entry based on exigent circumstances and warrantless arrests under the Fourth Amendment. The relevant facts of Bratt, viewed in light most favorable to the plaintiff as the court is required to do at this stage of civil suit, are as follows: Just after midnight on December 26, 2009, while on duty, George received a call regarding complaints of a shooting in the area of [...]

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 20, 2016, the Third Circuit Court of Appeals decided Johnson v. City of Philadelphia et al[i]. , which is instructive pertaining to use of deadly force when dealing with the mentally ill. The relevant facts of Johnson, taken directly from the case, are as follows: In the early morning hours of April 22, 2012, Officer Thomas Dempsey of the City of Philadelphia Police Department was on solo patrol in a radio car in North Philadelphia. Dempsey was armed with a baton, a taser, and a nine-millimeter Glock handgun. Around [...]

©2016 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (www.llrmi.com) On September 22, 2016, the Fifth Circuit Court of Appeals decided Toussaint v. United States[i] , which serves as instructive regarding whether exigent circumstances may provide a legal basis under the Fourth Amendment for officers to conduct a traffic stop. The relevant facts of Toussaint, taken directly from the case, are as follows: By wiretap, an FBI agent heard Robert Williams, the suspected leader of the "Harvey Hustlers," a drug-trafficking organization, give permission to an associate to kill a person identified only as "Tye" or "Todd," who was said to [...]

©2016 Jack Ryan, Attorney, Co-Director Legal & Liability Risk Management Institute (www.llrmi.com) In Milan v. City of Evansville[1] the United States District Court for the Southern District of Indiana reviewed a SWAT entry that involved the use of two flash bangs and provided a detailed analysis of the factors that should be considered when using these distraction devices. The case itself involved an investigation into serious threats made over the internet with respect to targeting police officers and their families, including the Chief of Police for murder on a website, Topix .com. Through an investigation, it was determined that the posts were [...]