Improper interrogation but harmless error
Facts Brothers Dustin Gray and Austin Brookshire were driving in a car with their friend Willie Jones in the early morning hours of July 6, 2020, when Brookshire turned around from the front passenger seat and fatally shot Willie, who was sitting in the backseat listening to music with headphones. Earlier that evening, on July […]
No standing to contest search when subject abandons truck
Facts On December 3, 2020, San Antonio Police Department Officers David Below and James Van Kirk responded to a report of a “black male in a red pickup truck” pointing a firearm at another male at the M&M Mart, a gas station. When the officers arrived, they saw a black male sitting in the driver’s […]
Probable cause to arrest is different from probable cause to search
Facts On April 29, 2023, Ricky Wilson was allegedly eating at a Waffle House when a verbal altercation broke out with another customer. During the dispute, Wilson opened his backpack and pulled out a green pistol fitted with a drum magazine, placing the victim in fear for his life. The victim later identified Wilson’s vehicle […]
Subject voluntarily made statement and did not make unambiguous request for counsel
Facts In April 2017, Detective Michael Suitor with the Corinth Police Department responded to the home of Shomarick Payne. Payne had been shot in the back of the head, his pants were partially pulled down, and the pant pockets were turned inside out. The house appeared to have been ransacked. A 9 mm shell casing […]
Qualified immunity granted when arrestee escapes and falls on pavement in handcuffs
Facts (If you are new to 1983 actions, click here for help) Samantha Lee-Ann Sealey paid a late-night visit to a 7-Eleven in San Antonio, Texas. A police officer with a warrant for Sealey’s arrest met her in the parking lot with handcuffs. When the officer turned his back, she made a break for it. […]
Qualified immunity granted when officer placed in a headlock
Facts (If you are new to 1983 actions, click here for help) On March 21, 2021, Evan Norman went to Bombshells Restaurant and Bar, consumed “at least seven alcoholic beverages within a two-hour time span,” and fell asleep. Deputy Ingle removed Norman from Bombshells at its request and instructed Norman to go home. Norman replied: […]