factors which by themselves may appear innocent may in the aggregate rise to the level of reasonable suspicion
Facts At approximately 12:30 a.m. on February 21, 2021, a Midland resident called the Midland Police Department (“MPD”) to report an individual entering her backyard. MPD Officer Kienan Goodnight responded to the call and took photos of the resident’s security camera footage that recorded the alleged prowler. Shortly after the call, MPD Sergeant William Welch […]
applying violent force after being spit on against an unarmed person who is restrained and subdued violates the Constitution
Facts (If you are new to 1983 actions, click here for help) While on patrol around 1:00 a.m. on May 13, 2016, Officer Luis Zuniga noticed Aaron Soto driving the wrong way down a one-way street and pulled him over. Zuniga administered a field sobriety test, which Soto failed, and then used a portable breathalyzer […]
dismissal of the § 1983 claims against Officer for excessive force, false arrest, and denial of medical care was error
Facts On November 4, 2015, John Allen, Sr., was driving through Houston with friend Shannell Arterberry in the passenger seat of a pickup. Allen was a 58-year-old veteran known to the Houston Police Department (“HPD”) for his documented history of PTSD. He had twice struggled to comply with orders from Houston police, but officers had resolved […]
After losing §1983 in federal court, you don’t get another chance in state court on same litigated issues
Facts On the morning of June 8, 2018, Michael Renfroe‘s mother, Faye Renfroe, contacted the Madison County Sheriff’s Department (MCSD) requesting assistance in taking Michael into protective custody pending an involuntary-commitment proceeding for mental illness. Faye reported that Michael had been found walking naked on the side of a state highway in Madison County, Mississippi, […]
District Court denies summary judgement for excessive force and false arrest. The 5th circuit lacks jurisdiction to intervene
Facts (If you are new to 1983 actions, click here for help) On March 15, 2018, defendants Justin Landrum, Josh Welch, Clint Hedgepeth, and John Windsor—officers of the Laurel Police Department—responded to a call about an unruly customer, Mekale Ducksworth, at the Rainforest Carwash in Laurel, Mississippi. Before seeing him, the officers believed that Ducksworth […]
1983 case cannot be dismissed based on minimal injuries
Facts Cameron Kemp appeals from a § 1983 action against Shreveport, Louisiana police officers Carlos Glass-Bradley, Daniel Albrecht, Ryan Holley, and Donald Belanger, Jr. Much of his ire is trained on two separate incidents. 2018 Incident First, Kemp claims that in 2018, the four officer defendants showed up at his house to arrest him on […]