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.
Clearly established that carrying a weapon, without more, does not justify and officer’s decision to shoot, deadly force may only be used when another person is threatened with the weapon.
Well established in this Circuit that carrying a weapon, without more, does not justify an officer’s choice to shoot”; where jury could conclude that suspect was dropping weapon, not threatening anyone with it, officer would violate clearly established rights by shooting him; court notes that “the intensity of the situation emanated not from [the suspect], but from the volume and vigor of the officer’s commands.
Passenger’s livestreaming of officer’s traffic stop of vehicle was protected by First Amendment; plaintiff plausibly alleged a municipal policy to prohibit occupant from livestreaming traffic stop; individual officer had qualified immunity because right to livestream traffic stop was not clearly established.
Plaintiff criticized officer no. 1 on social media for issuing her a parking violation; several years later officer no. 2 stopped plaintiff for reckless driving, officer no. 1 heard it on the radio and offered to buy officer no. 2 lunch if he issued a citation, which he did; plaintiff then sued officer no.
§ 1983 statute of limitations is determined by state law with respect to personal injury claims; general common law principles determine when a claim accrues; closest common law tort analogy to search and seizure claim is trespass and claim for trespass accrues when it is committed.
Factual dispute about whether decedent was pointing shotgun at officer precluded summary judgment; if officer investigating potential property crime fired from front porch at decedent, in his own home, while decedent was not pointing shotgun at officer, officer would have violated clearly established rights of decedent.
Reversing summary judgment for officer in shooting case due to factual disputes; officer claimed deceased was turning and momentum carried him around, explaining how he was shot in the back, court notes if he was shot in the back while running away unarmed that would violate clearly established rights; “With deadly force cases, special difficulties can arise during summary judgment. Often, the officer has killed the only other potential witness.
Sergeant shift supervisor in prison was killed by prisoner who threw boiling liquid at her and beat her with fire extinguisher; plaintiff alleged defendant officials put decedent in a dangerous situation with in adequate staffing based on lack of trained and experienced officers to support her, and they were aware of, or should have been aware of, the imminent threat posed by the dangerous prisoner; court finds allegations insufficient to establish state-created danger, noting 6th Circuit has found state-created danger in only one case.
Plaintiff alleged police use of cell site simulator (a device that impersonates cell phone towers) to locate him constituted an unconstitutional warrantless search; court remands with detailed instructions to develop record to determine capability of the simulator, nature of data it collects, what police have access to, minimization in use, and policies that prevented seeking a warrant.