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 […]
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 […]