Qualified immunity for Lowndes County S.O. when subject drives directly toward a colleague
Facts (If you are new to 1983 actions, click here for help) On April 1, 2020, a detective from the Lowndes County Sherriff’s Office saw a vehicle that failed to observe a stop sign. The vehicle had been reported stolen earlier that day, and the detective recognized the vehicle’s driver as Austin Hines. The detective […]
Qualified immunity for removal from vehicle and subsequent arrest
Facts (If you are new to 1983 actions, click here for help) Ward Sturgis Williams appeals the dismissal of his 42 U.S.C. § 1983 suit on the grounds that Officer Austin Reed and Sergeant Thomas Gross were entitled to qualified immunity and that he failed to state a claim against Johnson County. He argues that […]
Officer did not act in reckless disregard when responding to rollover wreck
Facts In 2018, a general callout for assistance regarding a rollover wreck with unknown injuries was placed around 4:09 p.m. near the interchange of Highway 7 North and Sisk Avenue in Oxford, Mississippi. At the time of the callout, Officer Matthew Brown was parked in a patrol car on the shoulder of Highway 314, approximately […]
False arrest claim dismissed when subject’s actions exceeds verbal resistance
Facts (If you are new to 1983 actions, click here for help) Jarvis Livingston testified to the following: On July 6, 2019, Livingston’s brother and cousin got into an argument while they were visiting an aunt’s residence in Yoakum, Texas. Someone placed a 911 call and reported that there was a fight. When the police […]
Qualified immunity granted for Lieutenant accused of failure to supervise
Note: The 5th segregated Lt. Todd’s appeal from the rest of this case. Facts and analysis below pertain to Lt. Todd. To see how the 5th decided this matter against others involved, please click here. Facts (If you are new to 1983 actions, click here for help) The controversy began with a phone call reporting […]
Additional criminal activity authorizes extending traffic stop to wait for canine unit
Facts Following a stipulated bench trial, Benancio Castaneda was convicted of conspiring to distribute and possess with intent to distribute 50 grams or more of methamphetamine (actual), and of possession with the intent to distribute 50 grams or more of methamphetamine (actual). The district court sentenced Castaneda to a total of 180 months in prison […]