Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC This Fifth Circuit appeal stems from a series of §1983 claims, all of which were dismissed under the appellant’s motion
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Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983, Sovereign Immunity, TTCA

Pro se appellant could not prevail on summary judgment appeal when he failed to appeal each ground for summary judgment.

   Special contributing author Laura Mueller, City Attorney for Dripping Springs Elezar Balli v. Officer Florentino Martinez, et al., No. 14-20-00030-CV (Tex. App.—Houston [14th Dist.] August 10, 2021) (mem. op.). In this appeal from a trial court’s summary judgment in favor of
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. Supreme Court holds 1st Amendment retaliatory arrest claim barred because probable cause exists and plaintiff has no objective evidence of retaliatory motive

Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence of probable cause eliminates the First Amendment claims as a matter of law. [Comment: warning this is a 48-page set
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983

U.S. Supreme Court holds officers at scene were not required to belief innocent explanations of suspects given circumstances – probable cause therefore exists for arrests.

District of Columbia, et al. v Wesby, et al, No. 15–1485., — U.S. – (January 22, 2018). This is an unconstitutional false arrest case where the U.S. Supreme Court determined the officers on the scene had probable cause to make arrests of
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. 5th Circuit holds fact question exists on qualified immunity between whether officer stepped in front of car to prevent escape, or was already in front of car and shot to defend himself

  Vann v. City of Southaven, 16-60561 (5th Cir. November 22, 2017). The U.S. Court of Appeals for the Fifth Circuit reversed the granting of summary judgment for the City and its officer in this police shooting and death case. Vann drove
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Deputies entitled to qualified immunity, even though one testified his actions may be unconstitutional

Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted the officer’s qualified immunity motions. The 5th Circuit affirmed. Pratt was involved in a minor traffic accident.  Upon arriving at
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Constitutional Challenge, Search and Seizure

City ordinance requiring hotels to provide certain data to law enforcement equates to unconstitutional search and is facially invalid says U.S. Supreme Court

Los Angeles v. Patel 13-1175 (U.S. June 22, 2015) In this case the U.S. Supreme Court analyzed the standards for making facial challenges to particular city ordinances. After analyzing the specific ordinance, the Court held the City’s ordinance unconstitutional. The City of
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