US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle
Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC […]
Category: Search and Seizure
Pro se appellant could not prevail on summary judgment appeal when he failed to appeal each ground for summary judgment.
Special contributing author Laura Mueller, City Attorney for Dripping Springs Elezar Balli v. Officer Florentino Martinez, et al., No. 14-20-00030-CV (Tex. […]
U.S. Supreme Court holds 1st Amendment retaliatory arrest claim barred because probable cause exists and plaintiff has no objective evidence of retaliatory motive
Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence […]
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 […]
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 […]
U.S. 5th Circuit holds henceforth, a clearly established constitutional right exists to video tape police and their facilities
Turner v. Driver, No. 16-10312 (5th Cir., February 27, 2017) This is a §1983 case where the U.S. Court of Appeals for […]
Deputies entitled to qualified immunity, even though one testified his actions may be unconstitutional
Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted […]
Police officer hired by private university established entitlement to official immunity
William Marsh Rice University and Gary Spears v. Rasheed Rafaey 14-13-00235-CV (Tex. App.- Houston [14th Dist.], May 17th 2016) A man arrested […]
City ordinance requiring hotels to provide certain data to law enforcement equates to unconstitutional search and is facially invalid says U.S. Supreme Court
Los Angeles v. Patel 13-1175 (U.S. June 22, 2015) In this case the U.S. Supreme Court analyzed the standards for making facial […]
City immune from alleged wrongful sale of seized vehicle
Marissol Ochoa Sierra and Emilio Chapa Trevino v City Of Pharr, 13-14-00425-CV, (Tex. App. — Corpus Christi, May 21, 2015) This is […]