officers engage in excessive force when they physically strike a suspect who is not resisting arrest
Facts (If you are new to 1983 actions, click here for help) At approximately 4:00 a.m. on December 21, 2019, Corey Spiller drove to assist his girlfriend, Dashanelle Moore, after her minor single car accident on a Houston elevated expressway. Much of the episode forming the basis of this lawsuit was captured on police body-worn […]
Supervisor, county, and other deputy on scene not liable for sexual assault committed by deputy
Facts (If you are new to 1983 actions, click here for help) Shanita Terrell spent the evening of February 23, 2020, at The Address, a bar in Houston where her cousin works. When she left, there was visibly and audibly something wrong with her and she was not in her usual state of mind. At […]
Detention lawful for subject who was carrying gun in high crime area late at night and attempting to flee
Facts After 1:00 a.m. on April 10, 2021, a resident of Oakland Garden Apartments in Houston, Texas, reported a burglary in progress. While hiding in his kitchen, the resident informed the dispatcher that several men and women were breaking into his apartment located on the western edge of the apartment complex near a hexagon-shaped pool. […]
Excessive force used on this domestic violence call
Facts (If you are new to 1983 actions, click here for help) On the afternoon of June 20, 2016, Deputy James Killian responded to a domestic disturbance call reporting a big fight going on between Rubicela Ramirez and Francisco Gonzales at their home in Wellington, Texas. After arriving at the home, Killian told dispatch that […]
Geofence warrants are considered general warrants and not allowed in the 5th circuit
Facts On February 5, 2018, three individuals acting in concert robbed Sylvester Cobbs, a Contract Route Driver with the United States Postal Service. As a Route Driver, Cobbs delivered and picked up mail from five rural post offices in DeSoto County and Tunica County, Mississippi. At the time of the robbery, Cobbs was headed to […]
Qualified immunity granted for officer who arrested the wrong juvenile
Facts (If you are new to 1983 actions, click here for help) A woman called the Roma, Texas police department in December 2021 to report a sexual assault. The alleged victim was the woman’s fifteen- year-old daughter, A.P. A.P. identified one of her attackers as her thirteen- year-old uncle, Y.M., and the other as Y.M.’s […]