Summary Judgement denied for Officers who continue to kneel on back of subdued subject who died
Facts In 2016, Anthony Timpa called 911 and stated that he had a history of mental illness, had not taken his medications, was having anxiety, and wanted to be picked up. Sergeant Kevin Mansell arrived on scene and discovered that Timpa had already been handcuffed by private security guards. Dallas P.D. policy stated that five […]
Driver, who was not owner of car, was in constructive possession of gun under his seat
Facts Joshua Johnson allegedly rented * a vehicle from another individual and was then stopped in 2019 by Detective Errick Peacock of Ridgeland P.D. for running a red light. Johnson admitted that he ran the light and provided Peacock an identification card but no driver’s license or proof of insurance. Peacock smelled an odor of […]
Summary judgement granted for Officer standing on running board of car and killing driver
Facts An officer in Arlington, Texas, pulled over O’Shae Terry and his passenger, Terrence Harmon, for driving with an expired registration tag. After taking their information, the officer advised them that she smelled marijuana coming from the car and, as a result, had to search it. Another police officer, Bau Tran, arrived on the scene […]
Delay of eight days from seizure of postal package based on reasonable suspicion to obtaining warrant was reasonable
Facts Jeff Gordon, Houston, Texas, narcotics investigator for U.S. Postal Inspection Service, was investigating Clarence Beard for sending illegal pills in the mail. Gordon learned that Beard, who lived in Houston area, had used the alias “Nick Johnson” to mail packages and that several sources told him that Beard was shipping drugs via the mail. […]
summary judgement granted to officer who killed Subject raising a hammer to him
Facts In 2016 Joy called 911 and stated that her ex-husband, Dominic Rollice, was inside of her garage and refused to leave. She went on to tell them that he was intoxicated and did not live there but did keep some tools at her place. Three officers, all familiar with Rollice, responded and spoke to […]
Consent to search a person does not require additional consent for every object found – also a good discussion on plain feel
Facts In 2017, Sybil Brooks hired Jason Sebren to make repairs to a mobile home, allowing him to live in the mobile home in exchange. Unbeknownst to Brooks, Sebren invited Michael Buford and his wife to stay at the mobile home as well. Brooks and Sebren then had an argument and Sebren moved out. Brooks […]