County is 45% at fault under MTCA for reckless disregard
Facts At approximately 7:00 a.m. on July 2, 2020, Deputy Chiquitia Cooks was alerted that local law enforcement was in pursuit of a suspect (Keislan Greer), who was driving recklessly at a high rate of speed (in excess of 100 miles per hour) toward Carthage, Mississippi. Deputy Cooks quickly spotted the suspect’s car and joined […]
Qualified immunity granted when subject ran towards officer with object
Facts (If you are new to 1983 actions, click here for help) Trooper Donald Hinote resides in a high-crime neighborhood plagued by burglaries. In fact, Hinote’s patrol car had previously been burglarized twice while parked in his driveway. On the night of the incident in question, Hinote’s vehicle was burglarized for a third time. The […]
Exigent circumstances and probable cause allowed officer to search car in a driveway
Facts A state trooper observed David Davalos commit a traffic violation by failing to signal a lane change. As the officer initiated a traffic stop by activating his lights, Davalos pulled into the driveway of his home and parked his car. The driveway was beside the home. A public sidewalk ran in front of the […]
An officer may enter a home without a warrant if he has an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.
Facts In SCOTUS Brigham City v. Stuart, 547 U. S. 398 (2006), this Court held that police officers may enter a home without a warrant if they have an “objectively reasonable basis for believing” that someone inside needs emergency assistance. The question presented is whether that standard means that officers must have “probable cause” for […]
Subject not in custody at the VA Hospital when he made incriminating statements
Facts On the morning of February 5, 2022, Pitipong Daengbunga walked into the emergency room (ER) at the Veterans Affairs hospital (VA) in Biloxi. Upon arriving, Daengbunga proceeded to the customer service area and informed personnel that he wanted to speak with VA police. Officer Scott Smith responded to the ER, introduced himself to Daengbunga, […]
Body camera footage blatantly contradicted subject’s account of facts
Facts (If you are new to 1983 actions, click here for help) In May 2022, Yoni Perdomo worked as a subcontractor on a residential remodeling in League City, Texas. The general contractor on the project terminated Perdomo’s employment in the middle of the project. After his termination, Perdomo returned to the project site, allegedly to […]