search warrant had sufficient probable cause and particularity
Facts In 2019, Ed McCraw’s deer camp in the unincorporated community of Camden in northern Madison County was burglarized twice. The first burglary occurred in the early afternoon, and the second occurred that night. Around noon, Genoris Williamson, Quintavious Davis, and Greg Johnson drove to McCraw’s deer camp to case the property because Williamson wanted […]
a suspect’s active resistance to arrest justifies an enhanced degree of force including the use of a taser
Facts (If you are new to 1983 actions, click here for help) This case arises from an incident that occurred around midnight on January 31, 2019, in Greenwood, Mississippi. Gianni Williams was driving home when Officer Jerry Williams of the Greenwood Police Department observed him turn without signaling. Officer Williams followed Gianni to his residence. […]
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, […]