Factual disputes of confrontation results in denial of qualified immunity for officer
Facts (If you are new to 1983 actions, click here for help) On July 1, 2017, Fernando Morales—accompanied by his wife, Zerenia Cardoza; their two minor children; his cousin, Yesenia Jaquez; Jaquez’s son; and Sonia Baca, a family friend—drove through the parking lot of an El Paso Walmart after leaving a nearby water park. While […]
qualified immunity granted for officer who consulted with prosecutor before making arrest
Facts (If you are new to 1983 actions, click here for help) Some time before she was arrested, Jacqueline Perry voiced concerns at a neighborhood meeting about her neighbors playing loud music. Police officers present at the meeting gave her a non-emergency dispatch number to report any future disturbances. On October 8, 2017, Perry called police […]
Good faith exception applies for this search warrant
Facts Following the denial of his motion to suppress, Ronnie K. Hongo, Jr., conditionally pleaded guilty to possessing methamphetamine with the intent to distribute and using and carrying a firearm in connection with a drug- trafficking offense. He was sentenced to 180 months’ imprisonment and a five-year term of supervised release. On appeal, Hongo challenges […]
Reasonable suspicion allowed officers to prolong traffic stop for dog
Facts The morning of July 18, 2020, a Saturday, Odessa Police Corporal Taylor Box was dispatched to a Denny’s restaurant parking lot to conduct a welfare check on a person passed out in a vehicle. Box arrived at 9:04 a.m. and encountered Martin Cortez asleep in the driver’s seat of a black Chevy pickup truck. […]
Sketchy area, no license, criminal history, and gang membership justified extending traffic stop
Facts Drayon Conley entered a conditional-guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), reserving his right to contest the denial of his motion to suppress evidence. Conley was sentenced to 105-months’ imprisonment. He contends the court erred by denying his motion to suppress evidence seized […]
Qualified immunity denied when speed to force not justified and results in death of subject
Facts (If you are new to 1983 actions, click here for help) Armando Frank, a mentally ill, disabled veteran, was a lifelong resident of Marksville, Louisiana. In this town of approximately 5,000 people, Frank was known as “the man on the tractor” because he drove his red tractor around town. On October 20, 2017, Frank […]