Second Circuit: Qualified Immunity Denied as District Court record not sufficient to justify Child P
The show of authority by Child Protective Services is daunting. Power corrupts and absolute power corrupts absolutely. Child Protective Services can take your child, call for arrests, psychological evaluations and make life long determinations against someone's ability to care for children. Often times there are complaints and phone calls but few had the patience and tenacity to do what the plaintiff here did: sue Nassau County Child Protective Services and survive the Qualif
Supreme Court: Officer Justified in Killing Suspect Fleeing in High Speed Chase
The Texas Police Department followed Israel Lieja (deceased - his interest represented by Luna) because there was a warrant for his arrest. When approached by the police, Leija drove off and was followed by police on a high speed chase. On top of that, Leija called the Police and told the dispatcher he had a gun and would shoot if the police did not abandon their chase. As opposed to abandon the chase, the Police Officers maintained the pursuit and set up tire spikes at three
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
