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 […]
Police had reasonable suspicion for stop based on tip, area, and subject exiting his car
Facts (In January of 2023, the 5th disagreed with the District Court about at what point this car was seized. That discussion can be found here. They sent the case back to District Court to determine whether there was sufficient reasonable suspicion at time of seizure. That discussion follows below). In 2020, the Corpus Christi Police […]
Qualified immunity denied for unlawful entry to home in search for murder suspect
Facts (If you are new to §1983 actions, click here for help) In 2018, the Shreveport Police Department (SPD) received a tip that a murder suspect, Christian Combs, was hiding at either 1906 State Street or 1913 State Street in Shreveport, Louisiana. The arrest warrant identified Combs as a 33 year-old Black man. Multiple SPD […]
Subject was not in custody when he voluntarily revealed that he had drugs in his pants
Facts In the early morning hours of November 19, 2019, three Forrest County police officers were investigating a missing person case near Eagle Drive in Hattiesburg, Mississippi. The officers had determined that the missing person had been seen with Amondo Stewart, who went by the name Detroit and who was living in a tent in […]