Qualified immunity granted when police dog bites suicidal person
Facts (If you are new to 1983 actions, click here for help) At 1:39 a.m. on July 5, 2018, Olivia Sligh’s partner called 911 to report that Sligh was suicidal, had hurt herself, and had left her house on foot. Sligh’s partner requested an ambulance, and he indicated that Sligh was unarmed and not a […]
No standing for automobile search and confession obtained properly
Facts On March 25, 2019, a man, subsequently acknowledged to be Sye Newton, dressed in a hijab and with a semiautomatic pistol in his hand, entered IBC Bank on South Kirkwood Drive in Houston, Texas. Newton ordered everyone to get down, demanded 50- and 100-dollar bills, and threatened to shoot bank tellers for noncompliance. He […]
Stop and search of vehicle was proper
Facts Felipe De Jesus Gutierrez conditionally pleaded guilty to one count of possession with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and 18 U.S.C. § 2 (defining principals), reserving his right to contest the denial of his motion to suppress evidence. He challenges the district […]
Summary judgement granted for officer who killed subject but did not see gun
Facts (If you are new to 1983 actions, click here for help) On June 25, 2018, Luis Argueta and his girlfriend, Mary Ann Luna, drove to a convenience store in Galveston around 3 a.m. According to Luna, Argueta intended to buy a cigar. While Argueta was inside the store, Officer Derrick Jaradi and his partner, […]
a reasonable amount of force may be used to detain a subject even if that subject is not being arrested
Facts (If you are new to 1983 actions, click here for help) On March 16, 2019, Officers Garcia and Domer separately responded to a call concerning a disturbance at Los Cucos Mexican Restaurant in Katy, Texas. Garcia and Domer pursued two vehicles containing individuals involved in the disturbance. Upon locating the vehicles, observing two individuals […]
Handcuffing did not constitute excessive force
Facts (If you are new to 1983 actions, click here for help) Andrew Trevino sought damages for injuries he alleged resulted from Detective Price’s use of excessive force in handcuffing him on November 9, 2021. (no other facts provided) Analysis The evidence before the district court, including video evidence of Trevino’s handcuffing and re-cuffing with […]