Week of March 22, 2022

Williams v. City of Burlington, Iowa

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:40

Suspect ran from traffic stop, dropped gun, officer shot and killed him; whether officer saw him drop gun and whether officer reasonably believed decedent took a firing position were material factual issues that compelled denial of qualified immunity; on plaintiff’s version of facts, officer violated clearly established law by using deadly force against fleeing suspect who did not pose significant threat of death or serious physical injury.

Templeton v. Jarmillo

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:35

Officers handcuffed subject of a welfare check at gunpoint, so tightly as to cause pain and complaints from subject; court affords qualified immunity citing 5th Cir. precedent rejecting handcuffing claims and distinguishing prior case where handcuffing was prolonged for hours.

Mitchell v. Kirchmeier

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:35

Shooting peaceful protestor who was trespassing and obstructing a government function, standing with his hands above his head, with shotgun-propelled, lead-filled bean bags that shattered his eye socket constituted 4th Amendment violation of clearly established law; court finds allegations sufficient to support municipal liability claim, and supervisory claim for failure to intervene, as well.

Craig v. Martin

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 11:31

Officer responding to domestic dispute did not use excessive force against woman he took to the ground when she resisted order to get on the ground and then used his foot to force her into squad car when she was resisting.