Week of May 23, 2024

Brumitt v. Smith

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:28

Not clearly established that officer’s continued use of force against intoxicated individual after he was apparently unconscious violated his Fourth Amendment right, where officer delivered four quick punches in four seconds, and plaintiff failed to identify case establishing that officer had to perceive instantaneously that suspect was unconscious.

Harris v. Hixon

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:28

Court finds investigation establishing probable cause for arrest warrant adequate, although not perfect; court upholds district court’s rejection of plaintiff’s expert testimony on the matter.

Thurston v. Frye

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:28

Officers lacked probable cause for warrant-supported arrest for failure to comply with sex offender registration requirements, where they were purportedly aware that arrestee had been attempting to comply with requirements and communicated with Sheriff's Office regarding permissible methods of compliance, thus precluding satisfaction of willful mens rea for offences; alleged conduct of officers, if proven, precluded summary judgment on qualified immunity.