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.
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.
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.
In context of female student sexually assaulted at school, court reiterates that Fifth Circuit has not adopted state-created danger theory, thus defendants entitled to qualified immunity; court notes “to our knowledge we have not categorically ruled out the doctrine either.
Allowing claim to proceed against supervisor who knew officer had fraudulently obtained multiple search warrants leading to violent encounters and did nothing to supervise or correct officer.
Not clearly established in 2018 that shooting suspect in stationary car was excessive force, where officer stood in front of car and driver ignored multiple commands; whether second round of shots was reasonable depends upon whether car had already passed the officers.
was listed in the Actionable Conduct report of March 28, 2023, in the categories of Deadly Force, Denial of Medical Care, Equal Protection, and False Arrest. The original opinion has been withdrawn and this opinion, of April 14, 2023, substituted for it.
Where officer had no reason to believe subject was armed, subject was critically injured and likely could not move, handcuffing subject was an arrest without probable cause under clearly established law.
Data showing Black drivers are stopped at higher rate and that higher rate of searches of Black drivers is unwarranted shows disparate impact, not discriminatory purpose and is insufficient to plead equal protection claim.
Failure to provide medical care to subject who had been shot several times, was bleeding, moaning, groaning from pain, and in obvious and critical need of emergency medical care violated clearly established rights.