reasonable mistakes by police officers, even leading to the arrest of the wrong person, do not implicate the Fourth Amendment
Facts (If you are new to 1983 actions, click here for help) Crocket Middle School is part of the Ector County Independent School District (District). On November 1, 2019, Officer Terry Henkell, a member of the District’s police department, received a call from a female seventh grader at Crocket. The student claimed that, on October […]
14 months between date IP was accessed and date search warrant executed is not stale
Facts On December 21, 2016, Microsoft sent twenty-eight cybertips to the National Center for Missing and Exploited Children (NCMEC). All twenty-eight cybertips were generated as a result of Skype1 conversations between a Skype user with the username Qa.xi01 (Qa) and two other Skype users, Jasrob47 and jonesjason327. Twenty-eight images containing child exploitation material were uploaded […]
Qualified immunity for police when subject’s active resistance to be arrested led to taser
Facts (If you are new to 1983 actions, click here for help) According to Chance Beroid’s complaint, he alleged that Officers Christopher LaFleur, Ferroll Leblanc and Naquan Senegal were dispatched to his parents’ house after receiving a call from his fiancée about an argument the two were having. After the situation settled down, Beroid’s fiancée […]
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 […]