Inmate’s complaint against Louisiana Department of Public Safety and Corrections Secretary for misclassifying him as sex offender, thereby illegally extending his detention past his release date, sufficiently pled pattern of constitutional violations by untrained employees to establish deliberate indifference for purposes of failure-to-train claim; clearly established in 2018 that Secretary had duty to ensure inmates were timely released.
Intermediate scrutiny for content-neutral time, place, and manner restrictions of expression, rather than strict scrutiny for content-based restrictions of expression, was applicable to temporary nighttime curfew imposed by mayor to quell violence and destruction accompanying mass protests; curfew upheld.
Fabrication of evidence claim requires “bad faith” by defendant, defined as formulating or submitting false evidence willfully, knowingly, or with a reckless disregard for its truth.
No probable cause for arrest for interrupting policeman in performance of duty based on verbal criticism protected by First Amendment, no qualified immunity.
Use of force, tasing, holding prisoner in prone position on his chest was obviously the wrong treatment for one having an epileptic seizure and officers acted with deliberate indifference in delaying prisoner’s access to emergency medical care by delaying EMTs’ access to prisoner, by using restraint chair, and failing to properly respond to fact that his breathing and heart had been compromised.
No qualified immunity for take down maneuver against plaintiff who was verbally criticizing officer.
Jail officers tased prisoner during epileptic seizure, clearly established that use of force, particularly tasing, against restrained and subdued suspect who was not actively resisting due to a medical emergency violates Fourteenth Amendment, case remanded for determination of facts.