Requesting a blood test from subject is not interrogation for miranda purposes
Facts On January 4, 2020, Mashayla Harper, who was eight months pregnant, was traveling westbound on Welch Road in Jones County, Mississippi. James Cory Gilbert was traveling eastbound on Welch Road when his vehicle veered into the westbound lane and collided with Harper’s vehicle. Harper was severely injured and was transported to a hospital where […]
Qualified immunity denied for officer making arrest based off of facebook post
Facts (If you are new to 1983 actions, click here for help) Waylon Bailey lives in central Louisiana. On March 20, 2020—during the first month of the COVID-19 pandemic—he posted this on Facebook: Bailey intended the post as a joke and did not intend to scare anyone. The “hashtag” “#weneedyoubradpitt” referenced the zombie movie World […]
officer not liable for excessive force although video showed subject hand was empty
Facts (If you are new to 1983 actions, click here for help) During the early morning hours of March 31, 2017, Brian Poole was driving around Shreveport, Louisiana. He did not want to return to his sober living home because he had relapsed and would be drug-tested upon his return. A positive drug test would […]
Police had reasonable suspicion for stop and consent was voluntary for search of home and truck
Facts On March 29, 2020, around 3:49 p.m., in Arlington, Texas, 911 operators received several calls about a shooting. The gunshots were heard near a Boys and Girls Club. Callers reported arguing between men, yelling, and ultimately gunshots. A witness identified a dark-colored (black or gray), older pickup truck with a driver’s side that needed […]
Qualified immunity granted for officer who entered gated curtilage to arrest subject who walked away and refused to provide identification – see update at bottom of case
Facts (If you are new to 1983 actions, click here for help) Ricardo Sauceda was fifty years old and disabled at the time of the events in question. Sauceda and his neighbors, the Cortez family, had a fraught history. Sauceda had lodged numerous complaints against the Cortez family to the San Benito Police Department. On […]
After subject requested to remain silent officer improperly asked for passcode to phone
Facts On February 28, 2021, Border Patrol Agent Ryland Brown pulled over a black Chevy Equinox on suspicion of possible alien smuggling due to indicators such as mud and handprints, a low suspension, obstructions in the vehicle, and its high rate of speed. Upon stopping the vehicle he saw Lisandro Guia-Lopez as the driver, codefendant […]