Qualified immunity denied after fraudulent search warrant leads to death of homeowner
Facts (If you are new to §1983 actions, click here for help) Patricia Garcia called the police department, claiming that the residents in 7815 Harding Street were involved in selling heroin and possessed various firearms, including machine guns. Dennis Tuttle owned that home, and lived there with Nicholas, his wife. Police officers investigated the home, […]
Qualified immunity granted to officers accused of using excessive force to make arrest
Facts (If you are new to 1983 actions, click here for help) On September 18, 2017, a 911 caller reported to the Mandeville Police Department that a really intoxicated driver was all over the road. The caller expressed concern that the driver would cause a severe accident and described the situation as very stressful. Shortly […]
Exigent circumstances to enter motel room and protective sweep proper
Facts Following a bench trial, Hector Gastelum Valenzuela was convicted of possession with intent to distribute 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. Valenzuela appeals the district court’s denial of his pre-trial motion to suppress evidence seized from a motel room, asserting the evidence was obtained […]
Summary judgement denied for officers in shooting based on factual disputes
Facts (If you are new to 1983 actions, click here for help) Darion Baker and his friend Gregory Dees ran out of money while on vacation in Los Angeles. Without the funds required to return home to Memphis, Tennessee, the men decided to steal an unoccupied Infiniti sedan outside of a Walgreens. Shortly after doing […]
the smell of marihuana alone may constitute probable cause to search a vehicle
Facts DeMarcus Johnson was convicted after a jury trial of possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and sentenced to 50 months of imprisonment. Johnson appeals the district court’s denial of the motion to suppress the firearm that was found during a search of the vehicle […]
Intoxication does not automatically render a confession involuntary
Facts The crime occurred on September 7, 2018, around lunchtime in Hattiesburg on the hill between Newk’s Eatery and Red Lobster. Rosemary Geauxtreaux, Justin Anderson’s mother, testified at trial. She and her husband, Robert Geauxtreaux had been panhandling that day on the corner by Newk’s. According to Rosemary, Anderson and Michael McLendon had been taking […]