Qualified immunity denied when subject arrested for refusing to provide name
Facts (If you are new to 1983 actions, click here for help) Sometime in September 2024, E’Mann Comichi’s nephew parked a Penske rental truck in a public parking lot near the Euless Dog Park before leaving town for a vacation. Comichi’s nephew was the only renter listed on the truck’s rental agreement, but Comichi had […]
Qualified immunity denied when pepper spray discharged directly into the eye of a handcuffed, restrained, and outnumbered suspect
Facts (If you are new to 1983 actions, click here for help) In June 2023, Jonathan Bates Nunemaker, a Medina County deputy sheriff, was on routine patrol in Castroville, Texas. He saw an automobile with its emergency lights flashing, ran the license plates, and learned there was a report that the vehicle had been stolen […]
Officer not liable in mistaken identity shooting
Facts (If you are new to 1983 actions, click here for help) At approximately 5:42 a.m. on November 26, 2019, two officers of the Laredo Police Department responded to a domestic disturbance at a residence in their city. As the officers reached the scene, Cesar Terrazas opened fire on them with an AR-15-style rifle, striking […]
Video shows subject posed serious physical threat to officers
Facts (If you are new to 1983 actions, click here for help) In April 2023, while conducting surveillance, officers with the Houston Police Department observed Dontel Thompson rob a store at gunpoint. Thompson left the store and entered a nearby neighborhood. Officers soon located Thompson and attempted to make contact. Two officers exited a vehicle […]
Frisk was based on reasonable suspicion that subject was armed and dangerous
Facts A narcotics agent received information that Timothy Kimmons was a large-scale methamphetamine distributor and was going to resupply in Lafayette, Louisiana on September 27, 2022. On that day, license plate recognition systems picked up a car known to be used by Kimmons driving towards and, later in the day, away from Lafayette. The narcotics […]
ordering the seizure of a private citizen from their home for the purpose of completing a drug test, without a warrant, probable cause, or exigent circumstances is objectively unreasonable
Facts (If you are new to 1983 actions, click here for help) Karl Von Derhaar worked as a civilian employee in the NOPD’s crime lab. Von Derhaar requested leave without pay when his concerns over certain NOPD practices went unanswered. Officers subsequently went to Von Derhaar’s home to conduct a wellness check. Officers informed Von […]