Improper Pleading Results in Appeal; Occupy Wall Street Case Remanded for Excessive Force Claim
Plaintiff Shamir was part of the Occupy Wall Street Protests. He engaged in sleepful protest: one where he intended on sleeping parallel to the curb of Centre Street in NYC. At some point he was told to move it along by the NYPD. As he did, he went up to the police and called one a thug and "may have yelled" at the officer. In return, Shamir was handcuffed with zip-tie plastic cuffs. Because "Shamir was arraigned more than 24 hours after his arrest on a charge of unlawful cam
Violation of Wife's Due Process Rights did not Confer Standing to Husband - Drugs receovered from wi
T1: The US District Court (District of Vermont) suppressed physical evidence seized from the Defendant's wife, Crystal Anderson. The District Court held that there was a substantive due process violation because of "unconstitutional coercive tactics." The government did not contest this evidence must be suppressed against Crystal Anderson but alleges that Mr. Anderson cannot assert such a claim based on conduct directed solely at his wife. T2: The Second Circuit holds that, "
Police Entitled to Qualified Immunity - It was not Clearly Established law that Police can’t knock a
Facts: Pennsylvania State Police ("Police") get a report that Michael Zita ("Zita") had stolen a car, had two loaded handguns and fled the home of two individuals. Police went to investigate the house and parked by several cars all sitting side by side. The cops exited their car and saw a small structure on the property with its door open and a light on and saw nothing. Continuing on the property, the officers knocked at the door of a ground-level deck. What they got was a be
