Week of November 22, 2022

Repeated use of Taser against resisting prisoner undergoing alcohol withdrawal was not excessive.

Parratt abstention does not extend to substantive due process claims for fabricating evidence and suppressing exculpatory evidence and malicious prosecution, citing similar rulings from other circuits.

Denying qualified immunity for claims for malicious prosecution, constitutional claim was clearly established by 1999.

In suit by police and union representative, court holds city’s policy of not allowing private recording or videotaping interviews in city investigations into police misconduct did not violate First Amendment; prohibition on recording speech is not a prohibition on speaking; freedom of the press right of access to information does not require government to open all proceedings to public; officers’ appearance at interviews is a legitimate condition of employment and nonrecording policy rationally furthers a legitimate government interest.

Excessive force claim not barred by Heck, not inconsistent with conviction for resisting arrest and obstructing officer based on analysis of elements; factual disputes precluded determination of whether force was excessive; officer entitled to qualified immunity because not clearly established that using takedown maneuver to throw arrestee to ground while she was resisting arrest but did not pose danger to officer or others would violate her rights.

Recognizing failure to intervene to prevent constitutional violation claim, not limited to claims for excessive force; defendants entitled to qualified immunity because law was not clearly established by 1999.

Officials who testified at depositions in civil case did not waive Fifth Amendment privilege at trial in same case.

Excessive force claim not barred by Heck, not inconsistent with conviction for resisting arrest and obstructing officer, based on analysis of elements; factual disputes precluded determination of whether force was excessive; officer entitled to qualified immunity in any event because not clearly established that using takedown maneuver to throw arrestee to ground while she was resisting arrest but did not pose danger to officer or others would violate her rights.

Denying qualified immunity for claims for fabrication and suppressing exculpatory evidence, law was clearly established by 1999.

Allowing conspiracy claim to go forward against officers for fabrication, suppressing exculpatory evidence, and malicious prosecution.