5th Circuit

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.

Where reasonable officer would have known driver was unarmed, driver never reached out of officer’s sight, officer had taser he failed to use, officer never warned driver he would shoot, shooting driver would be excessive force and officer not entitled to qualified immunity.

Holding as “conclusory” allegations that defendants suppressed exculpatory police reports and “knowingly and deliberately failed to provide these reports to [defendant], his defense attorneys, or prosecutors” and that defendant would have used reports to impeach witnesses; faulting plaintiff for failing to identify each witness who would have been impeached, which testimony would have been discredited, and which defendant was responsible for suppressing each report; rejecting claim of fabricated evidence based on similar arguments about conclusory allegations; rejecting claims a

Holding that Thompson v Clark, 142 S.Ct. 1332 (2022) overruled Castellano v. Fragozo, 352 F.3d 939 (5th Cir. 2003) with respect to the viability of a malicious prosecution claim under § 1983, and thus reinstated the elements found necessary by the Fifth Circuit in Gordy v. Burns, 294 F.3d 722 (5th Cir.

Convicted prisoner had twice before been placed on suicide watch, then released from it; over three week period got into fight with another prisoner, acted distant, had abrasions on wrist, was unkempt, not eating, lost weight, slept poorly, stated he “needed help,” falsely accused cell mate of raping him; then committed suicide ten days later after asking for his cellmate to be removed; court holds even if prisoner should have been moved to suicide watch due to incidents during the three week period, there were no signs of suicidal behavior ten days later when he committed suici

Arrestee charged with solicitation of minor was released from custody and committed suicide two days later; Wellpath owed arrestee no duty of care after he was released.

Officer who punched plaintiff, knocking him to ground and hovering over him menacingly, seized plaintiff, although he did not intend to arrest him, because reasonable person would not believe he was free to leave, even if only for a brief period of time.

Officers did not violate First Amendment rights of arrestees by searching their religious headgear incident to their arrest.

Officers had at least arguable probable cause to arrest Moorish Americans for refusing to leave courthouse when ordered to do so after declining to submit to security screening; 1836 U.S.-Morocco Treaty of Peace and Friendship did not clearly establish a right for Moorish Americans to enter courthouse without security screening.