Court notes, but does not reach issue of whether Kingsley requires objective test on denial of medical care claim; court hold defendant was at most negligent and that would not meet either test for a constitutional violation.
Punitive award of $200,000 was a violation of due process where plaintiff received only $1.00 in compensatory damages from jury, where officer choked, punched, and used knee strike on plaintiff after he surrendered following attempt to flee; court reduces punitive award to $50,000; court affirms award of fees to plaintiff’s counsel in amount of $143,787.97.
To prove deliberate indifference, prison official must subjectively perceive facts from which to infer substantial risk to prisoner, and in fact draw the inference; subjective knowledge may be inferred from fact that substantial risk was “obvious,” in case of prison suicides this requires it have been obvious that there was a “strong likelihood” that an inmate would attempt suicide, thus, “it is not enough to establish that an official may have acted with deliberate indifference to some possibility of suicide, or even a likelihood of suicide; the test is a strong likel
Clearly established in 2013 that police officers cannot rely on judicial determination of probable cause where that was premised on officers’ material misrepresentations to court.
Former fire chief was not entitled to qualified immunity for actions taken after retirement.
Clearly established in 2013 that fabrication of evidence violated constitutional rights.
Intracorporate conspiracy doctrine would not bar conspiracy claim against city fire officials for falsifying fire and origin report because falsifying report was outside the scope of their employment.
Officers not entitled to summary judgment on excessive force claim based on tight handcuffing where plaintiff’s evidence showed she had red marks on wrists the next day and she suffered from carpal tunnel syndrome; district court erred in concluding plaintiff had failed to prove carpal tunnel syndrome was caused by handcuffs, on summary judgment court was obliged to take facts in light most favorable to plaintiff.
Officer lacked probable cause to arrest wife in domestic dispute where husband’s testimony was unreliable, officer was aware of evidence that wife was the victim, and husband admitted she only acted in self-defense as officer was placing her in police car.
Jury could find that Terry stop was executed unreasonably where officers approached car with guns drawn although they had insufficient grounds for believing driver was involved with drugs.