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 […]
Warrant obtained in good faith so motion to suppress denied
Facts On April 26, 2020, Travis County, Texas dispatchers were notified that a trailer was on fire in the city of Austin, Texas. Following firefighters’ efforts to extinguish the fire, a woman’s body—later determined to be Dana Crocker-Norman—was found in the wreckage of the trailer. Crocker-Norman’s boyfriend, Billy Wayne Hope, III, was informed of the […]
Odor of marijuana justified automobile exception search of vehicle
Facts Cerissa Lynette Sanders was convicted of unlawful possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court sentenced her to 21 months of imprisonment and three years of supervised release. Sanders appeals the district court’s denial of her motion to suppress the firearm that was […]
Subject not in custody when he made statement
Facts On the morning of 7 July 2021, law enforcement executed a search warrant based on an investigation into a private chat room dedicated to the advertisement and distribution of child pornography. The investigation led law enforcement to Pennington’s residence in Las Vegas, Nevada. (He had recently been granted parole after serving ten years for […]
Qualified immunity denied for detention following search of apartment
Facts (If you are new to 1983 actions, click here for help) On September 4, 2015, the emergency services dispatch in Abilene, Texas, received an anonymous call wherein an unidentified individual informed the dispatcher that “I just shot my girlfriend” and “I used a 9mm to shoot my girlfriend right in the f—ing eye.” The […]