suicidality may create an exigency so compelling that a warrantless entry is objectively reasonable
Facts (If you are new to 1983 actions, click here for help) Steve Winder was enjoying an afternoon of swimming and drinks with family and friends when he accidentally got in his pool with his cell phone. So he went inside his house and charged his wife Latrisha’s old cell phone. She was in Fort […]
Impounding vehicle not proper when you could have arrested person but chose to not do so
Facts (If you are new to 1983 actions, click here for help) On March 20, 2022, Marc Degenhardt, age 18, was driving his parents’ black Dodge Challenger. His brother Augustus, age 20, rode as a passenger. The Challenger was stopped at a traffic light waiting to turn left onto a highway; a blue Dodge Charger […]
Troopers not liable for another trooper’s suicide
Facts (If you are new to 1983 actions, click here for help) In December 2020, the Louisiana State Police (LSP) Narcotics Division began investigating allegations that senior trooper August McKay was using fraudulent prescriptions to obtain controlled substances from a local pharmacy. As part of this investigation, LSP officers obtained a warrant to search August’s […]
Qualified immunity denied when Obese subject with congestive heart failure dies after chase
Facts (If you are new to 1983 actions, click here for help) Javier Ambler II was traveling on a Texas roadway in the early morning hours without dimming the high beams on his vehicle. A Texas sheriff’s deputy noticed and signaled for Ambler to stop, but Ambler refused. A high-speed pursuit then ensued as more […]
Asking why an officer wants identification is not the same thing as refusing to identify yourself
Facts (If you are new to 1983 actions, click here for help) In September of 2018, Michael Holmes attended a public fair located at Our Lady of Perpetual Help School in Belle Chasse, Louisiana. Holmes, a member of a camera club in Metairie, wanted to test out a new camera lens he had recently gotten. […]
Factual dispute as to whether excessive force used
Facts (If you are new to 1983 actions, click here for help) On March 25, 2019, Officer Roberto Rodriguez stopped a white Jeep Grand Cherokee in Weslaco, Texas. Ruben Cantu emerged from the Jeep and walked toward Officer Rodriguez, ignoring instructions to get back. Officer Rodriguez arrested and handcuffed Cantu with the assistance of Officer […]