In malicious prosecution claim, right to be prosecuted only for charges that were each supported by probable cause was not clearly established at time of plaintiff’s arrest, which was prior to Chiaverini v. City of Napoleon, Ohio, 602 U.S.
Protestors’ First Amendment claims rejected on ground that demonstration presented a clear and present danger of imminent lawlessness; verbal dispersal order not required before officers may clear the area.
Officer fired two projectiles, skipping them off the ground at retreating protestors, striking plaintiff in the eye causing a complete loss of vision in that eye; court rejects First Amendment retaliation claim on ground that officer did not single plaintiff out either as an individual or as part of a group; court argues one cannot simultaneously single out victims and indiscriminately spray a crowd.
Rejecting claims of constitutional violations by dispersing protesters with tear gas, chemical irritants, and “flash-bang grenades”; dispersal of protestors by airborne transmission of chemical irritants and auditory and visual irritants does not constitute a seizure under Fourth Amendment because intent to disperse does not constitute an intent to restrain under Torres v.
Police stopped van suspecting drug activity, plaintiff exited car quickly, officer ran to him and tackled him; court awards officer qualified immunity on excessive force claim; plaintiff cited two cases where tackling was held legitimate, argued this case was not like them, thus tackling was impermissible here, court concludes those cases did not establish “beyond debate” that tacking here was unacceptable.
Officer fired two projectiles, skipping them off the ground at retreating protestors, striking plaintiff in the eye causing a complete loss of vision in that eye; court rejects Fourteenth Amendment violation of substantive due process claim on ground officer did not shock the conscience because he did not intend harm; rejects deliberate indifference standard because officer lacked time to make unhurried judgment.
Officer denied qualified immunity for using deadly force against man with knife, where subject held knife to his own neck, was suicidal, and circumstances weighed against deeming him an immediate threat to the safety of officers or others and there was a previous case with similar facts.