Plaintiff filed motion in limine objecting to video, court ruled it was admissible, plaintiff then offered the video himself to “remove the sting,” court of appeals rules that in so doing he waived his right to object to the video on appeal, holding that Ohler v. United States, 529 U.S. 753, 755 (2000) applies in civil cases.
Officers who detained and frisked plaintiff based solely on knowledge he had been arrested before and notion that there “might be” an outstanding warrant on him, although they had no articulable facts to support that suspicion, violated Fourth Amendment and were not entitled to qualified immunity.
Officer who tased juvenile three times in drive stun mode while she was having an epileptic seizure and was being held down by four other officers, with officer subsequently claiming that she was incapable of making a rational decision, had only a tenuous grasp on reality, and therefore posed a risk to herself and others, violated Fourth Amendment and was not entitled to qualified immunity.
Prison counselor not liable for failure to protect plaintiff from assault by cellmate where counselor was neither objectively aware of nor deliberately indifferent to risk of harm.
Officers entitled to summary judgment against officers for pushing disturbed plaintiff onto a sofa, which toppled over; court reverses directed verdict in favor of officers on question of whether officer who then kneeled on plaintiff’s back caused additional injury, ruling that was a jury question; court concludes it was legitimate to segment the two uses of force.
If motorist was at most passively resisting officers by refusing to produce driver’s license, tripping him while holding his arms behind his back constituted excessive force.
Use of deadly force against decedent who had struck officer in the face, resisted arrest despite taser discharges, and bit down on officer’s finger while twisting and turning was objectively reasonable because officer could have reasonably believed that decedent posed a serious threat of physical harm.
Plaintiff fled to his car in his garage to avoid misdemeanor arrest for DUI; not clearly established that police could not use canine where officers used minimal force at beginning of encounter and escalated to canine when other methods were unsuccessful.
Officer had probable cause to arrest plaintiff for an outstanding warrant and a broken headlight, it did not nullify probable cause that officer told him he was arresting him for DWI.
Determination of facts and their significance was for the jury, affirming denial of directed verdict for officers on probable cause issue; affirming verdict for $4 million in compensatory damages for nearly three years in jail awaiting trial for murder at which plaintiff was acquitted.