Week of June 1, 2021

Court applies racial bias exception to FRE 606 (b) no-impeachment rule for jury verdicts of Pena-Rodriguez v. Colorado, __ U.S. __, 137 S.Ct.

Federal court in Illinois could not exercise personal jurisdiction over Indiana officer who procured warrant against plaintiff and put it on nationwide database, leading to plaintiff’s arrest in Illinois.

Not clearly established that bystander had the right to photograph fatal accident scene, because broad statement of principle in prior case that there is a “right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest” did not establish that particular conduct here violated the right.

Court does not reach issue of whether favorable termination requirement is more capacious for fabrication of evidence claim than for malicious prosecution because finds favorable termination under latter standard; although termination for facial insufficiency generally do not qualify as favorable, that determination is context-specific; here disposition was noted as facial insufficiency but circumstances showed that case was dismissed because officers found marijuana in an apartment where others were present, photos showed plaintiff arrived at apartment only after police, and it was dispute

Deputy sheriff who transported plaintiff in backseat of cruiser, restrained by leg shackles, belly chain, and handcuffs, but not by seatbelt, and who responded to call regarding bank robbery and followed suspect through unmaintained vacant lot and turned sharply when fired upon by suspect, causing plaintiff to be thrown around in cruiser and to sustain injuries, but was not shown to be aware of condition of lot or to expect that he would be fired upon, was not deliberately indifferent to plaintiff’s health and safety and did not subject him to cruel and unusual punishment.

Coerced confession claims cannot be asserted under a fabrication of evidence theory; coercive interrogation exists when officer’s tactics undermine suspect’s ability to exercise free will, rendering statements involuntary; court denies qualified immunity on Fifth Amendment claim that officers continued to question juvenile after he invoked right to silence, requested attorney, and that officers threatened juvenile with harsher penalties if he continued to “lie” and did not confess; juvenile’s statement, “Could I have an attorney?