Week of August 17, 2021

Ramirez v. Guadarrama

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 02:01

Firing tasers at man threatening to kill himself and burn down house with other people present, as he stood in bedroom that smelled of gas, holding gas can, poured gas over himself, and held an object in his hand that appeared to be a lighter, causing him to burst into flames causing his death, did not constitute excessive force, despite officer’s warning that use of taser would light man on fire.

Lemos v. County of Sonoma

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:57

Excessive force claim was barred by Heck where plaintiff had been convicted of resisting, delaying, or obstructing peace officer and jury in criminal trial was told that it could convict defendant only if officer was lawfully performing his duties.

Hughey v. Easlik

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:56

If officer placed overly tight handcuffs on plaintiff’s wrists, ignored her complaints of pain, and yanked her arm with enough force to tear her rotator cuff, he would not be entitled to qualified immunity.

Gordon v. County of Orange

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 01:52

Pretrial detainee’s right to proper medical screening was clearly established, nurse could be liable for instituting alcohol withdrawal protocol rather than opiate withdrawal protocol, despite fact decedent told her of his heroin addiction; pretrial detainee had a right to direct-view safety check to determine whether his presentation indicated the need for medical treatment, but right was not clearly established prior to this opinion.