5th Circuit

Opinion begins with very quotable and helpful dicta concerning pretextual stops; officer not entitled to qualified immunity for shooting driver where material factual disputes existed; clearly established for qualified immunity purposes that using deadly force against unarmed, albeit non-compliant, driver held in choke hold in parked car would be Fourth Amendment violation; although defendant officer claimed he had a reasonable fear that driver was armed, “[shooting officer] could see if [driver] was reaching for a gun, as could the other officers outside the vehicle, yet none of them—inclu

Jury could find deliberate indifference where officers observed arrestee violently bang his head against interior of police car over 40 times during transport, but provided no medical care.

• N.B. This case was posted earlier with the decision at 955 F.3d 501. That decision has been withdrawn and superseded by the later citation. 

In an outrageous opinion, court finds officer entitled to summary judgment; deputy sheriff had fired nineteen shots at Bryant’s car during high speed chase and then rammed Bryant’s car after it left the road, second officer Gillem then approached Bryant lying on ground, Bryant put both hands in the air then placed them on his back, Gillem then put his pistol in his left hand, put his knee on Bryant’s back, reached for the suspect’s hands with his right hand, and fired into Gillem’s shoulder with his firearm in his left hand; court relies on declaration by Texas Ranger expert who was not pre

Evidence regarding conditions of confinement and failure to monitor was sufficient to deny summary judgment for defendant.

Plaintiff’s false imprisonment ended upon arraignment.

Jury could find deliberate indifference where officers observed arrestee violently bang his head against interior of police car over 40 times during transport, but provided no medical care.

Suspect was walking, gun in hand, towards other people and, although he may have put his hands up at some point, he refused to drop the gun when ordered to do so and could have quickly turned it on the officer, thus officer was entitled to qualified immunity.