Court punts on deciding whether Summers doctrine can apply when vehicle is 250 yards away from house
Facts As part of a three-month drug trafficking investigation, officers in the East Baton Rouge Sheriff’s Office began conducting recorded video surveillance of Courtney D. Clayton’s home, which he shared with his mother. In addition, officers placed GPS tracking devices on a black Mercedes Benz and a silver Land Rover associated with the Claytons. Officers […]
Qualified immunity granted where shots were fired at night as vehicle moved towards location where officer stood just seconds prior
Facts (If you are new to 1983 actions, click here for help) On the evening of January 17, 2017, Genevieve Dawes and her husband, Virgilio Rosales, parked a black Dodge Journey in the back corner of an apartment complex parking lot and went to sleep in the vehicle. A resident called police and reported a […]
Additional incriminating evidence found in constructive possession case
Facts Officers with the Jasper County Sheriff’s Department received a bench warrant for James Johnson’s (aka Bobo) arrest based on an unrelated incident. When officers dressed in plain clothes arrived at Johnson’s mother’s home (his last known whereabouts), they saw Johnson in the passenger seat of a black Chevy Trailblazer. As they approached, Johnson noticed […]
Death penalty affirmed for subject who killed Lincoln County Sheriff’s Deputy
Facts On May 27, 2017, Willie Godbolt arrived at the home of his in-laws, Vincent and Barbara Mitchell, on Lee Drive in Bogue Chitto. Godbolt’s wife, Sheena, was staying with her parents following a separation from Godbolt. Despite warnings from Sheena that she would call the police if he came to the house, Godbolt insisted on […]
There is no false arrest if grand jury indicts person
Facts (If you are new to 1983 actions, click here for help) Maximo Espinal was a security guard at a Houston office building. While on duty one night in 2020, Espinal saw a vehicle pull onto the property. It parked in a “dead end area” in front of a “No Trespassing” sign. Armed with a […]
Subject did not unambiguously or unequivocally assert his right to counsel or his right to remain silent
Facts In late July 2017, Samuel Deward Smith left Louisiana in his Chevrolet pickup truck with his dog, Khava, and headed to North Carolina. Smith was carrying camping gear in the back of his truck and planned on sleeping outdoors along the way. At the beginning of his trip, Smith picked up Joshua Fletcher, who […]