Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting woman walking towards roommate with a large knife

Kisela v. Hughe, 17-467, 584 U.S. – (April 2, 2018). This is an excessive force/qualified immunity case where the U.S. Supreme Court reversed the denial of the officer’s qualified immunity. Tucson police officer Kisela and two other officers had arrived on the
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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, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit remands excessive force case holding fact question exists as to whether suspect who died during arrest was resisting or not

Darden v. City of Fort Worth, 16-11244, — F3d. –, 2018 WL 525640 (5th Circ. January 24, 2018) This is a §1983/excessive force/ wrongful death case where the U.S. 5th Circuit Court of Appeals reversed a trial court order granting the officers’
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Constitutional Challenge, Declaratory Judgments, Litigation, Mandamus, Procedure, Sec. 1983, Separation of Powers, Sovereign Immunity, Tax, Ultra Vires

El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court of Appeals
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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, Litigation, Sec. 1983

U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion of driving
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Declaratory Judgments, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Takings, Ultra Vires

Town immune from claims to invalidate vote where no ordinance was actually adopted says Fort Worth Court of Appeals

Peter Schmitz, et al  v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its zoning laws
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