Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, ... More...   $0 (05-16-2013 - CO)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

Robert Lassiter appeals the District Court’s grant of defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). For the reasons that follow, we will affirm the order of the District Court.

I. Background

On May 25, 2011, Lassiter filed a complaint alleging, inter alia, Fourth Amendment violations for excessive force and false arrest. The complai... More...   $0 (05-15-2013 - PA)

We must decide whether police officers used excessive force in a struggle that led to the death of a person suspected of possessing illegal drugs.

I

A

On September 25, 2009, at 2:00 AM in the morning, Officers Daron Wyatt and Matthew Ellis, members of the Anaheim Police Department, were responding to a routine call to check on a transient. While turning left at an intersection... More...   $0 (05-13-2013 - CA)

Kandace Simplis, individually and on behalf of the Estate of Lejoy Grissom sued the City of Culver City and police officer Luis Martinez on civil rights violation theories claiming that a Culver City police officer used excessive force when he shot and killed Lejoy Grissom, age 27, on April 25, 2010. Grissom was pulled over in a parking lot on suspicion he had robbed a nearby electronics store sh... More...   $8800000 (05-09-2013 - CA)

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.� Benito Acosta (“Acosta�) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal... More...   $0 (05-03-2013 - CA)

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a... More...   $0 (05-03-2013 - NM)

In three issues, Appellant Andrew Stephen Perez appeals his conviction for assault of a public servant. We reverse and remand.

__________________________

1See Tex. R. App. P. 47.4.

2

II. Factual and Procedural Background

After a late-night altercation with three officers from the police station that abutted his back yard, Perez was charged with three co... More...   $0 (04-25-2013 - TX)

Darryle Deshawn Chatman, age 29, sued Muskogee Oklahoma Police Office Troy Buller with violating his civil rights under 42 U.S.C. 1983 claiming that he was falsely arrested on April 11, 2010. Plaintiff claimed that he was walking across the street near the intersection of 15th and Fremont Street when Buller stopped his patrol car, ordered his to stop and pointed his Taser at him. Buller searched C... More...   $0 (04-19-2013 - OK)

This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the d... More...   $0 (04-10-2013 - GA)

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th... More...   $0 (04-09-2013 - OH)

Mark Zerby sued the City of Long Beach and Long Beach police officers Victor Ortiz and Jeffrey Shurtleff on civil rights violation theories under the 4th Amendment and 42 U.S.C. 1983 claiming that the officers used excessive force when they shot and killed Douglas Zerby, age 35, on December 12, 2010 believing he was holding a gun when, in fact, he was holding a water hose. Plaintiff claimed that t... More...   $0 (04-05-2013 - CA)

Matthew Hamilton sued Crowne Plaza Tulsa and D. Brown on assault and battery theories.

Plaintiff claimed that:

This case arose out of events that transpired in the early morning hours of January 1, 2009, when Plaintiff Matthew Hamilton suffered severe injuries to his left arm, wrist and shoulder while attending a New Years Eve Party thrown by Defendant. Plaintiff attended the pa... More...   $1 (04-04-2013 - OK)

A police officer, who violates another’s constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process claus... More...   $0 (04-03-2013 - CA)

Estate of Derrick Jones, age 37, sued Eriberto Perez-Angeles and Omar Daza-Quiroz on a civil rights violation theory under 42 U.S.C. 1983 claiming that the Defendants used excessive force when they shot and killed Jones in a confrontation in East Oakland in November 2012.

The officers approached Jones after his girlfriend, Latoia Whitaker, flagged them down them at Bancroft and Seminary... More...   $0 (04-01-2013 - CA)

The parents of William Fetters, individually and as his parents and next friends sued Los Angeles County Deputy Sheriff Scott Sorrows and Los Angeles County on civil rights violation theories under 42 U.S.C. 1983 claiming that the deputy used excessive force when on May 10, 2007, Sorrows shot William, age 15. Fetters was on his bicycle playing with other youths when Sorrow and his partner, Andrew... More...   $0 (03-29-2013 - Ca)

Michael Clapp, age 65, sued Siskiyou County, the Sheriff, and Siskiyou Court sheriff's deputies Randy Terry and Jason Jones on civil rights violation theories claiming that the Defendants used excessive force when they broke his jaw during an investigative stop on Dunsmuir Avenue in February 2009.

The Defendants claimed that they stopped Clapp because they believe that he was intoxicate... More...   $13000 (03-27-2013 - CA)

Annelle Wharton and Kenneth Ellis, II, individually and on behalf of the Estate of Kenneth Ellis III sued The City of Albuquerque, Albuquerque Police Department Detective Brett Lampiris-Tremba and Byron "Trey" Economidy on civil rights, negligence and respondeat superior theories claiming that Lampiris-Tremba wrongfully and fatally shot Kenneth Ellis III, an Iraq war veteran, in the neck.

... More...   $10000000 (03-16-2013 - NM)

Leonard Salanitro sued Washington County Oregon Deputy Sheriffs Patrick Altiere and James Wheaton and Washington County, Oregon on civil rights violation theories under 42 U.S.C. 1983 claiming that the deputies used excessive force in arresting Plaintiff and that he was falsely imprisoned by the County in 2010. Plaintiff claimed that he was shackled to a hospital bed for 16 hours. Plaintiff also a... More...   $0 (03-02-2013 - OR)

Leonard Salanitro sued Washington County, Oregon on civil rights violation theories under 42 U.S.C. 1983 claiming that deputies who arrested him used excessive force in doing so and that the was wrongfully shackled to his hospital bed for 16 hours longer than the law allowed. He claimed that he was shot by Patrick Altiere or James Wheaton without cause when the entered the living room of Dale For... More...   $50000 (03-01-2013 - OR)

Captain Garry Branch, Lieutenant Daniel Blair, and Correctional Officers Timothy Williford, Andrew Fox, Shannon Clubbs, and David E. Parsons (collectively Correctional Officers) appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. We affirm in part, reverse in part, and remand for further proceedings.

I. Background

The facts in this... More...   $0 (02-28-2013 - MO)

Plaintiff-Appellant David Becker was pulled over by Defendant-Appellee Officer Jason Bateman in a parking lot in Heber City, Utah. A confrontation ensued which ended in Becker being thrown to the ground and suffering a severe traumatic brain injury. Becker brought suit against Officer Bateman, the Heber City Chief of Police in his official capacity, and Heber City under 42 U.S.C. §1983, alleging ... More...   $0 (02-27-2013 - UT)

Brian Farrington brought a claim under 42 U.S.C. § 1983 for, inter alia, excessive force against Officer Steven Todd Smith, Officer James Storey, and Officer Nicole Sipes of the St. Paul, Minnesota Police Department. Farrington alleged that Officer Smith used excessive force against him and that Officers Storey and Sipes failed to intervene or protect Farrington from Officer Smith's use of excess... More...   $0 (02-22-2013 - MN)

This case arises from the arrest of Plaintiffs–Appellants David and Brenda Chimera on their property in rural Sequoyah County, Oklahoma. The Chimeras, a married couple, had been locked in a feud for several months with one of their neighbors over the use of an access road that crossed the Chimeras’ land. A confrontation on that road on December 30, 2008 led to the Chimeras’ arrest for breach... More...   $0 (02-21-2013 - OK)