officials acting under prison policy are essentially following orders and so they do not violate clearly established law unless those orders are facially outrageous
Facts Rene Michelle Taylor is a former Texas inmate and practicing Muslim. For decades she wore a hijab that covered her hair, ears, and chest. The parties do not dispute that Taylor sincerely believed she needed to wear such a hijab. In 2012 the Texas Department of Criminal Justice (TDCJ) promulgated a system-wide policy regulating hijab […]
jailers not liable for failing to provide medical care to a detainee who refused treatment
Facts In 2018, the Bexar County Sheriff’s Office responded to a call that Fernando Macias was having a mental health crisis and threatening his mother’s safety. The situation escalated into a shootout between Macias and the Texas Rangers SWAT team. When the dust settled, Macias had suffered a nonfatal gunshot wound and law enforcement had […]
Probable cause for arrest bars §1983 alleging the arrest was retaliation for protected speech
Facts In 2019, Sylvia Gonzalez was elected to a seat on the city council. As her first act in office, Gonzalez participated in organizing a nonbinding petition that called for the removal of the city manager from office. On May 21, Gonzalez attended her first city council meeting as a council member, at which a […]
Four factors used to assess whether 911 call sufficient for terry stop
Facts In 2018, a 911 caller reported a suspicious confrontation, possibly an armed robbery, transpiring in the parking lot of a Dallas liquor store. The caller, whose number was logged although he declined to identify himself, described seeing two people sitting in a white Ford Crown Victoria parked beside the store near a trash can. […]
Deputy sexual activity without contact is enough for § 1983 under 14th amendment
Facts In 2018, Wade Tyson called the Sheriff’s Department of Sabine County, Texas, to request a welfare check on his wife, Melissa Tyson. Wade reported that he was out of town and worried about his wife, who was home alone and distressed. Defendant Deputy David Boyd called Tyson that evening and told her that he […]
Pole camera directed at front and back of home does not raise privacy interest
Facts The Department of Homeland Security began investigating Michael Dennis after a number of accomplices described delivering marijuana to him. On April 30, 2018, DHS agents installed pole cameras directed at the front and back of Dennis’s properties in Houston, Texas. Until July 9, 2018, the cameras captured video of incidents similar to the deliveries described […]