Qualified immunity denied for police chief who pushed subordinates to file false affidavits against sergeant
Facts (If you are new to 1983 actions, click here for help) Rodney Guerra was promoted to sergeant in the patrol department of the City’s police department in the first half of 2018. In July of 2018, a subordinate patrol officer arrested a suspect for driving while intoxicated and the suspect spat on the officer’s […]
False statement in search warrant was not deliberate or made in reckless disregard
Facts Brian Mangum owned property in Magee, Mississippi, that contained a house and shed. He had inherited the property from his grandparents and did not reside there. Mangum kept cattle on the property and generally checked on his cattle each day. Mangum testified that, on or around October 14, 2019, he visited the property to […]
Requesting a blood test from subject is not interrogation for miranda purposes
Facts On January 4, 2020, Mashayla Harper, who was eight months pregnant, was traveling westbound on Welch Road in Jones County, Mississippi. James Cory Gilbert was traveling eastbound on Welch Road when his vehicle veered into the westbound lane and collided with Harper’s vehicle. Harper was severely injured and was transported to a hospital where […]
Qualified immunity denied for officer making arrest based off of facebook post
Facts (If you are new to 1983 actions, click here for help) Waylon Bailey lives in central Louisiana. On March 20, 2020—during the first month of the COVID-19 pandemic—he posted this on Facebook: Bailey intended the post as a joke and did not intend to scare anyone. The “hashtag” “#weneedyoubradpitt” referenced the zombie movie World […]
officer not liable for excessive force although video showed subject hand was empty
Facts (If you are new to 1983 actions, click here for help) During the early morning hours of March 31, 2017, Brian Poole was driving around Shreveport, Louisiana. He did not want to return to his sober living home because he had relapsed and would be drug-tested upon his return. A positive drug test would […]
Police had reasonable suspicion for stop and consent was voluntary for search of home and truck
Facts On March 29, 2020, around 3:49 p.m., in Arlington, Texas, 911 operators received several calls about a shooting. The gunshots were heard near a Boys and Girls Club. Callers reported arguing between men, yelling, and ultimately gunshots. A witness identified a dark-colored (black or gray), older pickup truck with a driver’s side that needed […]