Sheriff violated Fourth Amendment when in place of court-ordered release on specific terms, he substituted prolonged detentions and significant restraints on pretrial release of his own devising, causing jailing of group of plaintiffs from three to fourteen days.
Officer entitled to qualified immunity for tasing subject lying on his stomach with one hand underneath him and refusing to give his hand to officer.
On appeal regarding defendants’ motion to dismiss Muslim plaintiffs’ claims regarding illegal electronic surveillance by an FBI managed informant, court rules: plaintiffs had no reasonable expectation of privacy in conversations with government agent that were recorded; plaintiffs had reasonable expectation of privacy in conversations in mosque prayer hall when informant was not present, but defendants were entitled to qualified immunity for taping conversations because as of 2006 and 2007 no federal or state court had held that individuals generally have a reasonable expectation of privacy
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.
No qualified immunity for deputy sheriff and justice of the peace for arresting plaintiff based solely on testimony by another that he was not a citizen and plaintiff’s failure to establish immigration status; “illegal presence … does not, without more, provide probable cause of the criminal violation of illegal entry,” citing Martinez-Medina v. Holder, 673 F.3d 1029, 1036 (9th Cir. 2011).
Plaintiff entitled to trial on claim that officer threw her to ground after she was handcuffed, then put his full body weight on her, kneeling on her back, and slamming her head into the ground; clearly established that it was “impermissible to use significant force against a restrained arrestee who is not actively resisting.
Sheriff violated Equal Protection Clause when, based on race (African American) of defendants, in place of court-ordered release on specific terms, he substituted prolonged detentions and significant restraints on pretrial release of his own devising, causing jailing of group of plaintiffs from three to fourteen days; evidence that more than four in five of the eighty or so people wrongfully detained were Black was sufficient at pleading stage to believe sheriff could be liable for intentional discrimination.
Use of deadly force was objectively unreasonable where motorist fleeing police traffic stop had passed by officer when officer fired and officer and driver were alone on a dirt road; officers are “on notice that the use of deadly force is unreasonable when a reasonable officer would have perceived that the threat had passed.
Officer acted reasonably in deciding to shoot subject when subject pulled gun from waistband or pocket; even though subject had dropped gun before officer fired, officer’s decision to fire preceded dropping of gun and actual firing was less than a second after subject pulled out gun.