Qualified immunity granted when officers killed suicidal man with gun pointed at police
Facts (If you are new to 1983 actions, click here for help) Paul Cantu was suicidal and suffering from mental distress when the Austin Police Department (APD) encountered him on January 29, 2019. APD Sergeant Michael Joseph located Cantu’s car off-road in a grassy field while responding to a service call around 1:40 a.m. that […]
Qualified immunity denied for officer who shot and killed a puppy
Facts (If you are new to 1983 actions, click here for help) Body cam videos: https://www.ca5.uscourts.gov/opinions/unpub/23/23-30180_Exhibit_B_Burmaster_Bwc.mp4 https://www.ca5.uscourts.gov/opinions/unpub/23/23-30180_Exhibit_C_Roussell_Bwc.mp4 Around 9p.m. on April 10, 2021, Plaintiffs Derek Brown and Julia Brown got into an argument at their home in New Orleans. A neighbor called the police and Officer Burmaster responded to the complaint. Officer Burmaster waited for […]
Warrant for stolen truck and statements obtained by police were properly obtained
Facts After seeing a stolen pickup truck on Dustin Siegert’s property, law enforcement officers applied for and obtained a search warrant to search Siegert’s property, 8977 Deer Trail, for the truck, keys to the truck, and other instruments potentially associated with the theft such as cell phones. The warrant permitted the search of the entire […]
Exigent circumstances and protective sweep conducted one hour after call is reasonable under these facts
Facts On January 27, 2021, Officer Brian Bonenberger of the San Antonio Police Department was dispatched to an apartment complex in response to an anonymous caller reporting a gunshot and “a bunch of yelling down the stairs.” He was dispatched at 6:47 p.m. and arrived at 6:52 p.m. Upon arrival, Officer Bonenberger walked the area […]
Qualified immunity for officers when subjects film police
Facts (If you are new to 1983 actions, click here for help) On April 28, 2018, David Bailey and three friends went to downtown San Antonio to film the police. Angered by the recent arrest of a friend, they planned for one member of the group to “kind of, be the jerk to the police […]
Reasonable Suspicion Based on High-Crime Area, Evasive Behavior, and Unknown Vehicle
Facts On June 25, 2021, Officers Fernandez and Guzman of the Corpus Christi Police Department (“CCPD”) were patrolling the “Adam district” in Corpus Christi, Texas. The Adam district is a high-crime area known for frequent drug activity and violent crime. The officers arrived to patrol the Ranch Motel on foot around 8:00am. The owners of […]