Our case today from the Tenth Circuit covers qualified immunity and excessive force and brings up another case that is important to note when handling qualified immunity: Heck v. Humphrey. While we often discuss qualified immunity cases, many of them are dismissed under Heck v. Humphrey. In Heck v. Humphrey, the Supreme Court held that […]
How Qualified Immunity is Affected by Clearly Established Law Read More »
The case under discussion today from the First Circuit revisits the idea of actual fear versus reasonable fear an officer might face when stopping a vehicle. This concept is crucial because an officer is permitted to search a car without a warrant if there is reasonable suspicion that weapons might be involved. Two significant cases,
Reasonable Fear, Actual Fear, and Weapons: United States v. Guerrero Read More »
Police officers responded to a 911 call reporting domestic violence at Jaquanna Foreman’s residence. Foreman informed the officers that her former boyfriend, Erick Hobbs, had come to her home, brandished a semi-automatic handgun, and used the gun to break a window in her home. Hobbs then entered the home and took a television. Foreman also
Tools of Convenience or Exigent Circumstances? Read More »
In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. West Valley City’s SWAT team arrived at
When Tactical Operations & Mental Health Crises Collide Read More »
Today’s case from the Seventh Circuit reviews a Fourth Amendment seizure that occurred during a suspicious conversation that arose after Deputy Derek Suttles followed his intuition when two gentlemen were acting strangely at a truck stop. As a reminder, a person is seized under the Fourth Amendment when, viewing the totality of the circumstances surrounding
Kilos and Following Your Intuition: United States v. Ahmad Read More »
Today’s case from the Eleventh Circuit examines an excessive use of force that ultimately ended in an officer being denied qualified immunity. Qualified immunity protects officers from civil liability unless their conduct violates clearly established constitutional rights of which a reasonable person would have known. In excessive force cases, whether a plaintiff’s constitutional rights were
Mouthy Detainees and Excessive Force: Johnson v. City of Miami Beach Read More »
The recent case of Villarreal v. City of Laredo has brought attention to the First Amendment rights of citizens and the validity of qualified immunity to law enforcement officers.1 The U.S. Court of Appeals for the Fifth Circuit heard arguments regarding the case of a controversial citizen journalist from Laredo Texas, Priscilla Villarreal, who was
In this episode of The Guardian Mindset Podcast, Attorney Eric Daigle interviews Lieutenant Kevin F. Dillon (ret). Dillon discusses his background in law enforcement and how he developed the combative arrest control program called L.O.C.K.U.P.® for the state of Connecticut. Listen now on Spotify or Apple Podcasts. Topics Discussed in this Episode: Resources: About the
The Supreme Court of the United States has a packed schedule in 2023, with several cases that could potentially impact law enforcement officers and departments across the country. In this article, we will provide an overview of both, scheduled and petitioned cases to be on the lookout for. First up on the Court’s Docket is
Betts v. Brennan, a case in the Fifth Circuit, involves a use of force incident during a traffic stop. The district court initially decided the case and cited Hanks v. Rogers, another use of force case where the court held that the plaintiff successfully rebutted the defendant’s qualified immunity defense. In Hanks v. Rogers, the
Force That Matches the Escalation of Resistance Read More »
