a police officer is justified in using deadly force against a car accelerating towards him
Facts (If you are new to §1983 actions, click here for help) In March 2019, members of the Jefferson Parish Sheriff’s Office (JPSO) Special Investigations Bureau used a cooperating individual to organize a heroin transaction with Chris Joseph. Joseph and the individual agreed to meet at an IHOP Restaurant in Gretna, Louisiana. The JPSO unit […]
Tasing an unarmed subject who is surrounded by police for misdemeanor and passively resisting is excessive force
Facts (If you are new to §1983 actions, click here for help) In 2020, Kevin Cobbins was driving to his home in Hammond, Louisiana, following a work shift in New Orleans. Cobbins was approaching an exit on Interstate 55 when a Tangipahoa Parish Sheriff’s Office (“TPSO”) unit activated its lights and siren behind him. Cobbins […]
Police denied qualified immunity in neighborly dispute based on factual discrepancies
Facts (If you are new to §1983 actions, click here for help) Prior to the events giving rise to this case, Jacob Gorsky and Olesya Gorsky lived next door to the Koczman family for six years. Over these six years, the two families placed at least 19 complaint calls about one another to the local […]
Qualified immunity denied after fraudulent search warrant leads to death of homeowner
Note: The 5th segregated Lt. Todd’s appeal from the rest of this case. To see how the 5th decided this matter against Lt. Todd, please click here. Facts (If you are new to §1983 actions, click here for help) Patricia Garcia called the police department, claiming that the residents in 7815 Harding Street were involved […]
Qualified immunity granted to officers accused of using excessive force to make arrest
Facts (If you are new to 1983 actions, click here for help) On September 18, 2017, a 911 caller reported to the Mandeville Police Department that a really intoxicated driver was all over the road. The caller expressed concern that the driver would cause a severe accident and described the situation as very stressful. Shortly […]
Exigent circumstances to enter motel room and protective sweep proper
Facts Following a bench trial, Hector Gastelum Valenzuela was convicted of possession with intent to distribute 50 grams or more of actual methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. Valenzuela appeals the district court’s denial of his pre-trial motion to suppress evidence seized from a motel room, asserting the evidence was obtained […]