Week of December 8, 2020

Clearly established in 2013 that officer must provide notice to gun owner of ex parte application for order permitting destruction of weapon.

Plaintiff claimed fabrication of evidence, suggestive identification procedures, and withholding exculpatory evidence; in first trial plaintiff prevailed only against one individual defendant and lost against City, damages awarded were $80,000; in subsequent retrial, plaintiff prevailed against two individual defendants and City, obtained $22 million in compensatory damages and a total of $40,000 in punitive damages against two individual defendants; retrial held proper based on defense misrepresentations that a defense witness would be imprisoned for years, when in fact he was released mon

Reversing summary judgment in favor of officers who shot and killed decedent in his ex-wife’s garage; “the totality of the facts to be considered in determining whether the level of force was reasonable includes any immediately connected actions by the officers that escalated a non-lethal situation to a lethal one”; facts taken in light most favorable to plaintiff were that severity of underlying crime (trespass) was low, officers had not intended to arrest decedent initially thus he was not resisting or attempting to evade arrest, defendant was armed with hammer but jury could conclude he