U.S. 5th Circuit holds henceforth, a clearly established constitutional right exists to video tape police and their facilities

Turner v. Driver, No. 16-10312 (5th Cir., February 27, 2017) This is a §1983 case where the U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part an order dismissing three officers from a suit … Continue reading

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Deputies entitled to dismissal for false arrest where property owner failed to remove his truck after being instructed

  Childers v. Iglesias, No. 16-10442, (5th Cir. February 9, 2017) This is a false arrest/§1983 case where the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of claims against the arresting officers. Childers owns a ranch … Continue reading

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Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals … Continue reading

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Citizen thrown out of city council meeting allowed to go forward with some, but not all claims against presiding council member and police officer

Heaney v. Roberts, No. 15-31088 (5th Cir. January 23, 2017) This is a First Amendment retaliation/discrimination case where the Plaintiff, Heaney, was ejected from a city council meeting allegedly due to his statements at the meeting. On September 18, 2013, … Continue reading

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14th Court of Appeals holds police officer is entitled to official immunity in police chase case after providing detailed affidavits.

City of Houston v. Paula Collins,14-16-00449-CV (Tex. App— Houston [ 14th Dist.] January 31, 2017) This is a Texas Tort Claims Act vehicle accident case involving official immunity where the 14th Court of Appeals reversed and rendered the denial of … Continue reading

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U.S. 5th Circuit holds officer who was present but did not perform roadside body cavity search can potentially be liable for §1983 claim under bystander liability theory

Hamilton v. kindred, No. 16-40611(5th Cir. January 12, 2017) This is an interlocutory appeal in a suit involving alleged unlawful body cavity searches of two women and the trial court’s denial of a Deputy Sheriff’s claim of qualified immunity. Two … Continue reading

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Chief Justice of 13th Court of Appeals not entitled to qualified immunity in First Amendment retaliation in employment suit by staffing attorney

Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a … Continue reading

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U.S. Supreme Court holds officer entitled to qualified immunity for shooting suspect after arriving late to an altercation with other officers

RAY WHITE, ET AL. v. DANIEL T. PAULY, No.16-67 (U.S. January 9, 2017)  This is an excessive force, police shooting case where the United States Supreme Court granted an officer’s qualified immunity defense. Through a serious of events, three officers … Continue reading

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U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Griggs v. Brewer, No. 16-10221(5th Cir. October 28,2016) This is a qualified immunity/excessive force claim where the U.S. 5th Circuit affirmed the granting of the officer’s qualified immunity defense. Officer Charley Brewer conducted a routine traffic stop of a vehicle … Continue reading