The question presented is whether the Supreme Court should reject the "moment of the threat" doctrine and permit the Fifth Circuit (and other circuits that have adopted the same approach) to evaluate the totality of the circumstances when evaluating the constitutionality of an officer’s actions.
On August 28, 2011, West Bridgewater police officer Robert Piepiora was working a paid detail at a bar. William Ortiz was outside using his cell phone to call for a ride when the bar’s manager began aggressively telling Ortiz that he could not drive. Ortiz, who had already assured the manager that he was not driving, told the manager to leave him alone. Without warning, Piepiora grabbed Ortiz from behind and slammed him face first into the pavement. The impact knocked out two of Ortiz’s teeth and fractured his upper jaw bone. He required a bone graft to repair his jaw.
Erik Aguilar was a New Bedford man who died in the custody of the New Bedford police on July 22, 2010. The entire incident was recorded on surveillance video. A convenience store employee called the police seeking help for Mr. Aguilar. New Bedford police officer Paul Hodson arrived at the store, spoke with Mr. Aguilar, then tried to handcuff him. Officer Hodson then took Mr. Aguilar to the ground, sprayed him with pepper spray, handcuffed him with his hands behind his back, left him lying face down on the pavement, and applied pressure to his back. Mr.
Deputy pursued suspected drunken driver to home and entered garage allegedly in hot pursuit. In encounter at door from garage to home, deputy fired Taser to prevent driver’s escape into his home. Driver struck in left eye with Taser dart and subsequently lost all vision in left eye.
Plaintiff was found outside ballpark with the credit card of a police captain’s daughter. Police captain and other unknown officers beat him, put a loaded gun in his mouth, and broke teeth. Captain sentenced to 7 years prison on federal 1983 charges.
During a routine traffic stop, Defendant Police Officer grabbed Plaintiff by the neck and slammed her against the hood of his patrol car. Plaintiff sustained injuries consisting of an 8 mm disc protrusion, a 7 mm disc protrusion with bilateral nerve root compromise, and a 5 mm disc protrusion. Defendant Police Officer admitted to failing to properly focus his vehicle’s dashboard camera and not wearing his body microphone at the time of the incident.
Plaintiff was under arrest and in custody. Complaining of chest pains and paramedics were dispatched and present. Officer ordered everyone present including medical personnel to turn around and struck the plaintiff in the mouth with an open hand.
Police made a forced entry to execute a search warrant for suspect in a robbery of the video rental store. A flash-bang device was thrown blindly into the corner of a room where Plaintiff was hiding in the corner. Evidence showed that the device was thrown in the air more than 12 feet and approx 2-3 in the air. It landed in his lap/face (crouched over) and severely damaged his jaw. A mediation presentation can be viewed at the link below.
Sheriff’s Deputies wanted to arrest Rogelio Serrato due to mistaken identity. They knew Serrato was intoxicated on methamphetamine in his home. When he did not respond to their orders to exit the home, they threw a flash bang grenade into the home, starting a fire. They failed to extinguish the fire, and Serrato died of smoke inhalation, leaving a mother, sisters, and three children.
Police were doing a warrant sweep in an area where many homeless people sleep. They woke up my client to check for warrants. Incident was caught on in car video, low quality. Officer claimed plaintiff spit at him. Officer punched plaintiff in the head, a glancing blow, no physical damages. Internal investigation found force excessive and officer received one day suspension.