11th Circuit

Jury could find that four-minute delay in seeking medical help for plaintiff officer shot in the head was deliberately indifferent, but law was not clearly established, and officer was entitled to qualified immunity.

Deputy violated clearly established rights when he body slammed arrestee to ground although arrestee made no threatening moves, had already been disarmed, had his hands over his head, had not sought to flee, and was no resisting; sheriff was liable as supervisor for policy of failing to investigate numerous previous incidents of misconduct which caused subordinates to believe that misconduct was permitted by the supervisor.

Officers responding to domestic violence call involving multiple gunshots were sent to wrong address, innocent decedent came out of his home with pistol because he thought he heard a prowler, officer shot decedent without warning when he began to raise his weapon; court awards qualified immunity because of lack of previous case on point, noting that warning is not always required before firing.

Reversing district court grant of qualified immunity; two strip searches by principal and counselor of minor student T.R. based on finding marijuana stems and seeds in student’s backpack and report by other students that T.R. lit a joint in class; court holds factfinder could find search violated student’s clearly established rights.

Plaintiff was arrested on a warrant based on tip from a CI and photographic identification by co-perpetrator who had already confessed; when co-perpetrator saw plaintiff in person he said she was not the perpetrator; failure to release plaintiff promptly or to return to magistrate to inform him of non-identification did not violate plaintiff’s Fourth Amendment rights; probable cause persisted throughout detention, officer was entitled to rely on facially valid and lawfully obtained warrant, and officer did not take affirmative action to continue the prosecution; in revisionist opinion by Ju

Jury could find that when officer entered holding cell and struck prisoner who had been complaining about his arrest, that prisoner’s arrest had been effected, he was fully secured, not moving, resisting, or posing any threat, not attempting to flee, and there was no need to use force against him, hence force would be excessive and officer would not be entitled to qualified immunity.

Organization hosts food-sharing events in park to communicate message that scarce resources are skewed toward military and away from feeding the hungry; park rule that required city permission for social service good-sharing events violated First Amendment with respect to these demonstrations; intermediate, rather than strict scrutiny applied to rule; rule provided no guidance to when, how, or why city would grant permission; rule was not narrowly tailored nor was it a reasonable time, place, and manner regulation; individual members and organization had standing to sue.

If officer fired taser at suspect while he was in a precarious position atop an eight-foot wall, temporarily paralyzing him and causing him to fall, break his neck, and die, the force was excessive and violated clearly established law.

Plaintiff was mistakenly arrested on warrant for another man with same name for second time, and held for three days and nights after officers learned of information that raised significant doubts about his identity; plaintiff’s complaint established deliberate indifference to his Fourteenth Amendment right to be free from overdetention, which requires: (1) the defendant’s subjective knowledge of a risk of serious harm in the form of continued detention even after the plaintiff had a right to be released; (2) disregard of that risk; and (3) disregard by conduct that is more than mere neglig

Deputy’s roadside arrest of wrong person was reasonable where arrestee and correct suspect had same name, were both male, of the same race, similar in age, and there was a 26-year time period between arrest and when warrant had been issued, even though the men had different birthdates and there was a 40-pound weight difference.