Qualified immunity granted when activist arrested for bringing a gun that appeared real into building
Facts (If you are new to 1983 actions, click here for help) Leon Valley City Hall—a multi-use municipal building that contains a court—had signs at the building’s entrance informing guests that they could not bring weapons into the building and that carrying a firearm into the building would violate various sections of the Texas Penal […]
unreasonable for prolonged pointing of gun at subject, who had committed only a minor traffic offense and was subdued, compliant, nonthreatening, and not actively resisting
Facts (If you are new to 1983 actions, click here for help) Wesley Pigott is the father of K.P. and Mya Pigott. Mr. Pigott and his seventeen-year-old daughter Mya both worked at the Huddle House restaurant in Alexandria, Louisiana. At Huddle House, Mr. Pigott supervised individuals detained at the Rapides Parish Detention Center (RPDC) who […]
Qualified immunity for officers who arrest man for walking on wrong side of road
Facts (If you are new to 1983 actions, click here for help) On February 6, 2019, Alejandro Martinez was walking home when Officer Cantu of the City of Rosenberg Police Department stopped him for walking on the wrong side of the street in violation of the Texas Transportation Code (Tex. Trans. Code § 552.006(b) – […]
Numerous facts justified community caretaking stop in this case for safety concerns
Facts On the morning of June 27, 2021, around 3:00 a.m., Officer Vaughn, who was parked in the highway median, noticed Dylan Chase Davis walking on Interstate 55 (I-55). At the suppression hearing, Vaughn testified that during his patrol, he saw Davis walking northbound in the southbound lane of traffic on I-55. Vaughn stated that […]
Jackson County S.O. not in reckless disregard for police pursuit
Facts On Monday, October 24, 2016, Captain James Sears with the Jackson County Sheriff’s Department was working an interstate detail on I-10 called Operation Stonegarden, a grant program intended to curtail human traffickers, drug traffickers, and wanted persons. Sears testified that while he was stationed in east Jackson County, he received a notification that an […]
Confession valid in statutory rape case
Facts The victim, Amanda, was fifteen years old when she met Garrick Lorenzo Walker, who was then twenty-six years old. Amanda met Walker walking to a friend’s house; they introduced themselves and struck up a friendly conversation. Amanda testified that during their first encounter, she told Walker her real age, but he told her that […]