permissible for an officer to request id from person who reasonably could be target of an arrest warrant and is attempting to walk away from officers toward his vehicle outside of home or business
Facts (If you are new to 1983 actions, click here for help) On the afternoon of June 27, 2020, Texas City police officers Matthew Bonner and Veronica De la Garza attempted to execute an arrest warrant for Mato Lopez at Three Stars Harbor restaurant, a waterfront property owned by Lopez’s father, Nikola Lupis. When Officers […]
Use of K-9 to subdue subject until he was handcuffed was reasonable in this case
Facts (If you are new to 1983 actions, click here for help) On the night of February 14, 2021, Barry Calvert was on patrol when he received an alert to look for a stolen silver 2020 Toyota RAV4 (the alert did not provide the license number). At 10:42 pm, he spotted a vehicle that appeared […]
Throwing a rock at officer justified deadly force in this case
Facts (If you are new to 1983 actions, click here for help) Texas State Trooper Jesse Perez was patrolling Interstate 10 in Kendall County, Texas on April 11, 2019, when he pulled over a white sedan for following another vehicle too closely. Trooper Perez advised the driver of the reason for the stop and asked […]
Senatobia officers are granted qualified immunity for stop of vehicle in middle of night at motel
Facts (If you are new to 1983 actions, click here for help) While on patrol around 3:00 a.m. in February 2021, Officer James Marshall observed a car in the parking lot of Dreamland Inn with someone in the driver’s seat and the engine running. Dreamland is known for drugs, prostitution, and other criminal activity. In […]
Qualified immunity denied for fired trooper
Facts (If you are new to 1983 actions, click here for help) At around 3:00 a.m. on July 10, 2018, Trooper Kasha Domingue stopped a vehicle. After the driver and another passenger fled, Clifton Scott Dilley exited the driver-side rear seat.There is some video evidence in this case. Trooper Kasha Domingue’s vehicle did not have […]
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 […]