Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting woman walking towards roommate with a large knife

Kisela v. Hughe, 17-467, 584 U.S. – (April 2, 2018). This is an excessive force/qualified immunity case where the U.S. Supreme Court reversed the denial of the officer’s qualified immunity. Tucson police officer Kisela and two other officers had arrived on the
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Litigation, Official/Qualified Immunity, Procedure, TTCA

San Antonio Court of Appeals holds City made a judicial admission employee was acting within course and scope of employment at time of accident by filing §101.106(e) motion to dismiss. Therefore, not entitled to jury question on course and scope

Victor Ramos v. City of Laredo, 04-17-00099-CV (Tex. App. – San Antonio, March 28, 2018). This is a Texas Tort Claims Act (“TTCA”) case where the San Antonio Court of Appeals reversed a jury verdict and rendered judgment against the City. While
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983

U.S. Supreme Court holds officers at scene were not required to belief innocent explanations of suspects given circumstances – probable cause therefore exists for arrests.

District of Columbia, et al. v Wesby, et al, No. 15–1485., — U.S. – (January 22, 2018). This is an unconstitutional false arrest case where the U.S. Supreme Court determined the officers on the scene had probable cause to make arrests of
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit remands excessive force case holding fact question exists as to whether suspect who died during arrest was resisting or not

Darden v. City of Fort Worth, 16-11244, — F3d. –, 2018 WL 525640 (5th Circ. January 24, 2018) This is a §1983/excessive force/ wrongful death case where the U.S. 5th Circuit Court of Appeals reversed a trial court order granting the officers’
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. 5th Circuit holds fact question exists on qualified immunity between whether officer stepped in front of car to prevent escape, or was already in front of car and shot to defend himself

  Vann v. City of Southaven, 16-60561 (5th Cir. November 22, 2017). The U.S. Court of Appeals for the Fifth Circuit reversed the granting of summary judgment for the City and its officer in this police shooting and death case. Vann drove
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Dallas Court of Appeals holdd officer did not establish official immunity because of fact question exists as to whether a reasonable officer would look both ways before entering an intersection

  City of Dallas v. Matthew A. Lamb, 05-16-01506-CV (Tex. App. – Dallas, December 4, 2017). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a police auto-accident case. The Dallas Court of Appeals affirmed
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