Police denied qualified immunity in neighborly dispute based on factual discrepancies
Facts (If you are new to §1983 actions, click here for help) Prior to the events giving rise to this case, Jacob Gorsky and Olesya Gorsky lived next door to the Koczman family for six years. Over these six years, the two families placed at least 19 complaint calls about one another to the local […]
Qualified immunity denied after fraudulent search warrant leads to death of homeowner
Note: The 5th segregated Lt. Todd’s appeal from the rest of this case. To see how the 5th decided this matter against Lt. Todd, please click here. Facts (If you are new to §1983 actions, click here for help) Patricia Garcia called the police department, claiming that the residents in 7815 Harding Street were involved […]
Qualified immunity granted to officers accused of using excessive force to make arrest
Facts (If you are new to 1983 actions, click here for help) On September 18, 2017, a 911 caller reported to the Mandeville Police Department that a really intoxicated driver was all over the road. The caller expressed concern that the driver would cause a severe accident and described the situation as very stressful. Shortly […]
Exigent circumstances to enter motel room and protective sweep proper
Facts Following a bench trial, Hector Gastelum Valenzuela was convicted of possession with intent to distribute 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. Valenzuela appeals the district court’s denial of his pre-trial motion to suppress evidence seized from a motel room, asserting the evidence was obtained […]
Summary judgement denied for officers in shooting based on factual disputes
Facts (If you are new to 1983 actions, click here for help) Darion Baker and his friend Gregory Dees ran out of money while on vacation in Los Angeles. Without the funds required to return home to Memphis, Tennessee, the men decided to steal an unoccupied Infiniti sedan outside of a Walgreens. Shortly after doing […]
the smell of marihuana alone may constitute probable cause to search a vehicle
Facts DeMarcus Johnson was convicted after a jury trial of possession of a firearm by a felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) and sentenced to 50 months of imprisonment. Johnson appeals the district court’s denial of the motion to suppress the firearm that was found during a search of the vehicle […]