Week of May 29, 2020

Policy allowing inmates to keep certain medications for self-administration did not establish deliberate indifference on its face, even though policy did not require suicide screening prior to participation.

Officers could not ignore forensic results that became available in the course of routine investigations, and were liable for continuing detention of innocent suspect.

Arresting officer could not be held liable for fifteen days of detention on warrant meant for another, where he had probable cause to believe plaintiff was person named in warrant and had nothing to do with booking or interrogation or plaintiff’s confinement after first few hours.

Plaintiff’s false imprisonment ended upon arraignment.

No liability for failure to protect kindergarten student from sexual assault by fifth grader on school bus; fifth grader’s prior misconduct did not put school on notice he posed risk of sexual assault.

Pepper spraying non-resisting and handcuffed detainee on the ground for three to five minutes would violate clearly established Fourth Amendment rights.

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.

Officer not liable for shooting where he could not see suspect’s hands but had seen black cylindrical object pressed against his forearm.

Officer entitled to qualified immunity for shooting in the back a fleeing suspect who “raised his right shoulder,” although officer’s partner had already patted suspect down and found no weapon.

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.