(10th Cir. No. 07-1108, filed 04/29/2008). Jail deputy was not entitled to qualified immunity for performing a strip search of a woman jailed on an invalid warrant for someone else. Archuleta was arrested on a warrant for “DV-harassment”meant for Phyllis Rivera, a lesbian Hispanic female, 42-42 year…
Weise v. Casper (10th Cir. No. 09-1085, filed 01/27/10). In a Bivens action based on the exclusion of plaintiffs, by volunteers acting under government supervision, from a speech by then-President Bush, dismissal of the complaint based on qualified immunity is affirmed where plaintiffs failed […]
Argersinger v. Hamlin 407 U.S. 25 (1972)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its art…
Goldberg v. Kelly 397 U.S. 254 (1970)United States ConstitutionAccording to the Encyclopedia of the American Constitution, about its artic…
Craig v. Boren 429 U.S. 190 (1976)United States ConstitutionAccording to the Encyclopedia of the American Constitution, about its article …
Bates v. State Bar of Arizona 433 U.S. 350 (1977)United States ConstitutionAccording to theEncyclopedia of the American Constitution, abou…
Bowers v. Hardwick 478 U.S. 186 (1986)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its artic…
Betts v. Brady 316 U.S. 455 (1942)United States ConstitutionAccording to theEncyclopedia of the American Constitution, about its article t…
Edwards v. California 314 U.S. 160 (1941)United States ConstitutionAccording to the Encyclopedia of the American Constitution, about its a…
Gelpcke v. Dubuque 1 Wallace 175 (1864)United States ConstitutionAccording to the Encyclopedia of the American Constitution, about its art…
365 F.3d 892 (10th Cir. 2004). Defendant's post-arrest statements were properly suppressed; there was no objective evidence supporting the government's contention that she was driving a pickup in tandem with a marijuana-laden Cadillac; she was arrested without probable cause at roadside when she was…
(10th Cir. No. 08-8100, filed 12/29/09). The district court properly denied the defendant's motion to suppress evidence based on unreasonable continued detention. A Wyoming trooper stopped Villa's car East of Cheyenne for speeding. He approached on the passenger side and spoke to Ms. Davis. Villa an…
535 F.3d 1198 (10th Cir. 2008), cert. denied 129 S.Ct. 1003 (2009). In an action brought under 42 U.S.C. section 1983 against defendants-officers and city claiming illegal arrest, excessive force, inadequate medical attention, and failure to train city's police officers adequately, partial denial of…
(No. 06-571, filed 12/10/2007). In the context of criminal sentencing, a person who trades his drugs for a gun does not “use” a firearm “during and in relation to . . . [a] drug trafficking crime” within the meaning of 18 U.S.C. section 924(c)(1)(A)….
(No. 98,663, filed 8/8/08). KU had no duty to protect or warn of known, obvious dangers. Eric Wellhausen climbed out the window of his 7th Story room in Oliver Hall to stand on a two-foot wide concrete ledge about 5 feet below the window. He fell and died, with a bac of 0.16. The district court prop…
(10th Cir. No. 03-5115, filed 03/09/2004). Officers search of a locked glove box on a traffic stop was justified by a reasonable suspicion the suspect might be armed and dangerous. An officer turned on his emergency lights and attempted to stop the car for speeding in a school zone. The suspect look…
(10th Cir. No. 03-1242, filed 4/23//2004). Defendant's confession implicating himself in two counts of robbery affecting commerce in violation of 18 U.S.C. § 1951(a), two counts of using a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c), and one count for being a f…
739 F.3d 534 (2014)(No. 12-2127, 2014 WL 26455). Officers were investigating a pervert suspected of transporting a female 16 year-old girl from California to New Mexico and back. Detectives identified Christy and obtained his cell phone records, showing that he had traveled from New Mexico to Califo…
498 F.3d 1115 (10th Cir. 2007). Defendant was convicted of being a felon in possession of a firearm. An ex-girlfriend told police that Cos threatened to kill her. Officers obtained an arrest warrant. Three weeks later, officers went to Cos's apartment in the mid-afternoon to serve the warrant. A 19-…
(No. 01-631, 6/17/2002). The Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches. Here three officers boarded a stopped bus with the driver's consent. One stayed at the front kneeling on the driver's seat, not b…
(No. 07-608, filed 02/24/09). The Fourth Circuit held that the names of thousands of dangerous abusers need to be purged from the federal Brady background check system. The Court narrowly construed the Lautenberg Amendment to bar gun possession only by abusers convicted of laws specifically barring …
(No. 10-779, filed 06/23/11).In 2007, Vermont passed Act 80, which prohibits prescription drug companies from obtaining patients' personal information for marketing purposes without the prescribing physician's consent. The pharmaceutical companies sued the state of Vermont, seeking an injunction pro…
2012 U.S. App. LEXIS 1689 (11th Cir. Decided January 30, 2012). Before stating the facts of the case, it is important to note, that when considering a motion for qualified immunity, the court is required to view the facts in the light most favorable to the non-moving party (here, the plaintiff's ver…
534 U.S. 266, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002). The Ninth Circuit erred in totally discounting 7 of 10 factors cited by an officer to support a stop. The Ninth Circuit's stance that each observation by the officer was by itself “readily susceptible to an innocent explanation,” thus entitling th…
(No. 10-788, filed 04/02/12). A complaining witness in a grand jury proceeding is entitled to the same immunity in an action under 42 U. S. C. §1983 as a witness who testifies at trial. Rehburg was indicted three times (although each was later dismissed) based in part on Paulk's testimony to the gr…
222 Ariz. 547, 218 P.3d 1004 (2009). Integral or embedded metadata captured within a document is an open record and must be disclosed….
(2d Cir. No. 99-7657, filed 11/1799). City violated officer's free speech rights by barring unrecognized Latino Officer's Ass'n members from wearing uniforms during ethnic pride parade, when Hispanic Officers Ass'n could. Court said that celebrating ethnic participation in the police force is a matt…
(No. 08-1521, filed 06/28/10). The Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses. However, the Court repeats from Heller it's passage about the right not being unlimited, and possession…
(9th Cir. No. 10-36152 filed 04/09/12). In a suit stemming from a protest demonstration against President Bush during the 2004 presidential campaign: 1) the district court's ruling denying the defendant Secret Service agents' motion to dismiss a Bivens claim for viewpoint discrimination is affirmed,…
Olson pulled into a driveway adjacent to a checklane. This made the officer working the checklane suspicious. The officer approached and spoke with Olson. He could smell alcohol but was not sure it was coming from Olson or a passenger. Olson's license indicated he was under 21 years old. Olson told …
S12A1698, 2013 Ga. LEXIS 63 (1/22/13). The Supreme Court of Georgia upheld admission in court of a recorded conversation between the suspect and family members in the police interview room after a Miranda violation. Rashid, an immigrant from Pakistan, killed his daughter. Police interrogated him, bu…
City of Indianapolis – profiled on PoliceOne.com on 03/01/14. The terms of a recently settled lawsuit in Indianapolis, Indiana will require the city's police force to remind officers that it's legal for civilians to videotape on-duty cops, but it will also cost the department more than just that. In…
(10th Cir. No. 10-4017, filed 11/03/2010). In an action under 42 U.S.C. section 1983 alleging that defendant-officer's Tasering of plaintiff violated her rights under the Fourth Amendment by using excessive force, the denial of summary judgment based on qualified immunity is affirmed where: 1) altho…
(No. 83,662, filed 8/1/2000). Passenger in a car consented to search yielding drugs and paraphernalia and was arrested. She removed a wad of cash from her pocket and started to give it to the driver for her bail, but it was promptly seized. Passenger had no good explanation for the source of the cas…
(10th Cir. No. 08-1222, filed 06/17/09). In a 42 U.S.C. section 1983 action alleging excessive force by Defendant officers, summary judgment for Defendants based on qualified immunity is affirmed in part, where there was no genuine issue of material fact as to whether a policy of the city was the mo…
(No. 12-52, filed 05/13/13). Pelky alleged that Dan's City Used Cars (Dan's City), a towing company, took custody of his car after towing it from his landlord's parking lot with out Pelkey's knowledge, failed to notify him of its plan to auction the car, held an auction despite Pelkey's notice that …
469 F.3d 910 (10th Cir. 2006). Anderson, a rape victim, sued Officer Blake, who gave a videotape of her rape to a television reporter. Officer Blake alleged he was entitled to qualified immunity. The Circuit held that Ms. Anderson had a constitutionally protected privacy interest in the tape, despit…
532 U.S. 318, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001). Motorists 4th Amendment right to be free from unreasonable search & seizure was not violated after she was arrested, handcuffed and taken to jail for failing to wear her seatbelt, failing to put her kids in seatbelts, driving without a license an…
(No. 03-1261, filed 12/13/2004)(per curium). Officer shot a person wanted an a felony, no-bail warrant after a short foot chase and the felon jumped into a vehicle and fled the area. At the moment he started the vehicle and tried to move it, the officer believed the felon was a threat to “other offi…
According to the ###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, about its arti…
According to the ###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitutio…
According to the ###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, …
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American…
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American …
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, about its artic…
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, about its ar…
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of the American Constitution, about its article …
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encycl…
According to the###”http://lawin.org/Encyclopedia-of-the-American-Constitution/” title=”Encyclopedia of the American Constitution”>Encyclopedia of t…
International commercial arbitration See International business arbitration International commercial arbitration resources Treaties and Conventions on Arbitration 1923 Geneva Protocol on … Read more