5th circuit lacks jurisdiction in 1983 action with two Mississippi police officers
Facts (If you are new to 1983 actions, click here for help) Martha Dee and Donald Gater were both employed by the Jackson Police Department (JPD) in the Investigative Division. Gater was a Commander in the division, and Dee was a detective. Dee alleges that on April 2, 2019, she was in the JPD building […]
Qualified immunity found for officers making arrest while outnumbered in hostile setting
Facts (If you are new to 1983 actions, click here for help) In 2017, Officer Gary Tuli, Officer Jessica Osoria, and approximately six other officers of the San Antonio Police Department (SAPD) responded to an assault in progress between partygoers outside of a quinceañera. Upon arrival, they met a large, angry crowd of about fifty […]
Mississippi Deputies were not deliberately indifferent to arrestee’s death
Facts (If you are new to 1983 actions, click here for help) At 7:23 p.m. on July 10, 2018, a man called 911 to report a disturbance outside his house in Scott County, Mississippi. Sheriff’s Deputy Zack Holland arrived at 7:38 p.m. and found Miranda Musgrove and Sheila Matthews screaming at one another. Musgrove was […]
Qualified immunity granted for officers after investigation for criminal mischief and arrest for evasion
Facts (If you are new to 1983 actions, click here for help) On February 21, 2021, Floyd Wallace was walking around the parking lot of the Tomball Police Department (TPD) while recording on his body camera and cell phone. As he was walking away, TPD officer Heather Taylor pulled up in her police SUV with […]
slamming an allegedly intoxicated driver to the ground who is not resisting to execute an arrest constitutes excessive force
Facts (If you are new to 1983 actions, click here for help) According to Robert Chambers, who was then seventy years old, he and his friend, Anthony Thornton, were hanging out at a gas station when several police officers, including Kenneth Short, approached them. Short told Chambers and Thornton that both needed to leave the […]
No standing to object to search of vehicle and subject was in constructive possession of drugs
Facts On February 19, 2015, Todd Jackson, owner of Tower and Tower Construction, called the Clay County Sheriff’s Department to report that his 2014 Ford F-350 was stolen and had been missing for three days. Jackson told Investigator Terry Scott that his foreman, David Sills, had taken the truck. Jackson was tracking Sills through his […]