Week of May 11, 2021

Not clearly established in August 2014 that citizen had Fourth Amendment right to be free from officers’ conspiracy to search tablet computer without warrant.

Outrageous decision holding that it was not clearly established in August 2014 that citizen had right to record officers performing official duties; court fails to reach merits of constitutional issue as well.

Jury charge on fabricated evidence claim was “severely misleading” error requiring new trial, fabrication requires only that defendant knowingly make a false statement or omission; erroneous charge was: “Paperwork errors, or a mere mistake, or mistakes, by a police officer in making a written record is not a basis for finding a constitutional violation but can be considered on the question of veracity.

Throwing plaintiff against a wall, applying overtight restraints despite protestations, and pushing plaintiff’s head into car door, where plaintiff was not resisting but making only verbal objections, constituted excessive force.

Mother was 35 weeks pregnant in custody when her water broke; employees of nationwide private medical contractor ignored and minimized her symptoms, refused to transport her to hospital, failed to conduct even a cursory pelvic exam; after 30 hours of painful labor and bleeding child was born with umbilical cord wrapped around neck, not breathing, with no pulse; court concludes the private medical contractors were not entitled to assert defense of qualified immunity and reversed district court’s grant of summary judgment to defendants.

Plaintiff stated plausible claim for denial of medical attention where decedent was placed in cell for intoxication and received no medical attention despite officers’ knowledge that he had consumed drugs and alcohol, had seriously diminished capacity to talk, walk, and sit, and was unconscious or semi-conscious, and bottles found near him showed he had consumed large amounts of pills; court notes but does not reach question of whether Kingsley required use of objective, rather than subjective, standard.