Week of September 15, 2020

Affirming trial judge’s refusal to dismiss case as a sanction for plaintiff’s perjury in pretrial deposition, where he falsely claimed he had never lied in an affidavit and had never spoken to a certain party, on ground that lies did not concern core issues in the litigation and were fully exposed at trial as part of rigorous attack on his credibility; trial judge did not err in admitting certificate of innocence at trial on ground it was relevant to element of favorable termination in malicious prosecution claim.

Use of taser without warning against plaintiff who had ceased actively resisting was objectively unreasonable and violated clearly established rights.

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

Collecting cases standing for proposition that excessive force may so obviously violate the Constitution that no pre-existing case law is needed to show that it is clearly established law.

Trial judge did not err in admitting certificate of innocence at trial on ground it was relevant to element of favorable termination in malicious prosecution claim.

Dismissal following suppression of evidence because search did not fall within exception to warrant requirement was not a favorable termination based on innocence.

Element of malice may be inferred if defendant caused prosecution without arguable probable cause.

Recognizing cause of action for applying cuffs too tight, turning hands red and causing long-term nerve damage to hand, and then failing to loosen them when plaintiff complained.

Utah law only makes it a crime for a detainee, during an investigative detention, to refuse to provide his name, thus officer lacked probable cause for arrest based on plaintiff’s refusal to provide his driver’s license or other form of identification.

Court find plausible claim against one officer for denial of medical care for prisoner who died from acute symptoms related to withdrawal from heroin, affords other officers qualified immunity; court assumes without deciding that severe opioid withdrawal constituted a sufficiently serious medical need; court concludes frequent vomiting alone does not present and obvious risk of severe and dangerous withdrawal, but that bloody vomiting witnessed by one officer does.