Officers liable for reckless omission of material facts from a warrant application
Facts (If you are new to 1983 actions, click here for help) On August 4, 2015, Officer David McClure, Shreveport Police Department (SPD), responded to a reported burglary at a residence, the Dalzell Street Property managed by Port City Realty. After arriving to the scene, McClure interviewed the burglary victim and Dalzell Street Property tenant […]
subject with a limited understanding of English made a knowing, intelligent, and voluntary waiver of his Miranda rights
Facts On January 17, 2021, thirteen-year-old M.D. was living with her father, Gustavo Galvan, and Galvan’s girlfriend (Tracey Waiter) in Neshoba County. That day, M.D. accompanied Galvan to a local Walmart, where she attempted to exchange phone numbers with a boy. Displeased, Galvan confiscated M.D.’s cell phone. After they returned home, M.D. told Galvan that […]
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, […]