Week of June 7, 2023

Allowing claim to proceed against supervisor who knew officer had fraudulently obtained multiple search warrants leading to violent encounters and did nothing to supervise or correct officer.

Releasing police dog who bit plaintiff twice did not violate constitutional rights where officer had probable cause for mental health seizure and reasonable belief that plaintiff was armed and posed threat to officer.

Plaintiff overcame presumption resulting from grand jury indictment and authorized warrants that officer acted with probable cause where complaint alleged seven discrete instances of officer intentionally, knowingly, and/or recklessly providing false information that led to prosecution.

Claim that officers used excessive force against prisoner in his cell was not barred by Heck because decision that force was excessive would not compel conclusion that disciplinary finding that prisoner engaged in misconduct was invalid.

Brady’s duty of disclosure does not extend post-conviction, but North Carolina state law creates a right to post-conviction access to exculpatory evidence that is protected by the federal Due Process Clause; a claim for violation requires proof of bad faith; bad faith is a jury issue; court reverses summary judgment in favor of defendants.

Conviction for drug possession did not preclude claim of deprivation of liberty for fabricating evidence of drug sale; plaintiff not required to show additional custody or conviction based on sale charge; Fourteenth Amendment claim based on fabricated evidence does not require custody or conviction; fabricated evidence claim requires: “that an (1) investigating official (2) fabricate[d] information (3) that is likely to influence a jury's verdict, (4) forward[ed] that information to prosecutors, and (5) the plaintiff suffe[red] a deprivation of life, liberty, or property as a re

Not clearly established in 2018 that shooting suspect in stationary car was excessive force, where officer stood in front of car and driver ignored multiple commands; whether second round of shots was reasonable depends upon whether car had already passed the officers.

Coordinated raids by county and town officers on 23 stores for selling CBD, despite fact it was legal under both state and federal law; district court dismissed conspiracy claim against county defendants on ground they were not sufficient “personally involved” in some aspects of investigation; in good discussion of conspiracy liability, court rejects “personal involvement” requirement.

an NLG legal observer case was reported in the Actionable Conduct report of March 28. Plaintiffs petitioned for rehearing en banc, which was denied in Molina v. City of St. Louis, Mo., 65 F.4th 994 (8th Cir. 2023). There is a dissent by Colloton and Benton which will be of interest to those of you who represent protestors and NLG legal observers

was listed in the Actionable Conduct report of March 28, 2023, in the categories of Deadly Force, Denial of Medical Care, Equal Protection, and False Arrest. The original opinion has been withdrawn and this opinion, of April 14, 2023, substituted for it.