Week of June 7, 2022

N.S. by and through Lee v. Kansas City Board of Police Commissioners

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:49

Officer chased person suspected of stealing a cell phone into a parking lot and when suspect got into a car, turned to face officer, and raised his hands to his waist while trying to surrender, officer fired without warning and killed suspect; court goes directly to qualified immunity without determining whether there was a rights violation, and fails to find a clearly established right.

Arnold v. City of Olathe, Kansas

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:48

Officers used reasonable force when they shot and killed woman brandishing a gun at them after an extended standoff with hours of negotiations; court recognizes that it is proper to consider whether an officer’s reckless or deliberate conduct “immediately connected” to the use of force created the need to use deadly force, although noting that the Supreme Court has not decided that issue, finding that the officers’ behavior here did not create the need to use deadly force either because it was too attenuated or was not reckless; court finds no case law establishing that it is a violation of

Solis v. Serrett

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:47

Although offense of public intoxication was not serious and arrestee did not pose immediate threat of safety to officers or others, because she was actively resisting arrest and moving away from officers and her injuries were minor, restraining her arms and performing takedown did not violate her 4th Amendment rights.

Jones v. York

Submitted by Re'Neisha Stevenson on Thu, 10/27/2022 - 12:44

Failure to explain meaning of column of data in cell phone records furnished to criminal defendant did not amount to failure to disclose exculpatory evidence.