Week of August 18, 2023

Court rules Brady claim is not available to someone held for four years prior to trial due to suppression of exculpatory evidence because there was no judicial proceeding in which he was prejudiced due to the failure to disclose; court suggests there may be a different claim based on continued detention after it was or should have been known he was entitled to release, but doesn’t decide that issue; in my view court is wrong about the scope of a Brady due process violation, which should only require a deprivation of liberty rather than prejudice at a judicial p

Reasonable officer would not have had reason to believe that suspect fleeing in his vehicle because of a warrant for his arrest posed a threat of serious physical harm to officers or others where suspect was driving very slowly and braking to comply with officer's orders to stop, officer was either not in the path of the vehicle or could easily have stepped away, and none of the officers involved saw suspect drive in a reckless or dangerous manner; officer's use of deadly force by shooting at suspect in his vehicle violated suspect's Fourth Amendment rights; no qualified immunit