Archuleta v. Wagner

(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…

Brooks v. Gaenzle

Brooks v. Gaenzle (10th Cir. No. 09-1489, filed 08/10/2010). Officers responded to a burglary in progress and were attempting to break down a door when someone shot through it at them. A black male, Brooks, fled the residence and did not heed officer's orders to stop, so they shot him but […]

Ashcroft v. Al-Kidd

Ashcroft v. Al-Kidd (No. 10-98, filed 5/31/11). The Federal Bureau of Investigation arrested Respondent Abdullah al-Kidd as a material witness in a terrorism case. Al-Kidd sued the former United States Attorney General, Petitioner John Ashcroft, alleging that he used the material witness […]

Weise v. Casper

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 […]

Filarsky v. Delia

Filarsky v. Delia (No. 10-1018, filed 4/17/12). The United States Supreme Court held that a private attorney hired by the government to conduct an investigation was entitled to seek qualified immunity in defense of a Section 1983 claim. Delia was a firefighter who missed work for an extended […]

Wallace v. Kato

(No. 05-1240, filed 2/21/2007). The statute of limitations for a 42 U.S.C. section 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal proce…

West v. Keef

(10th Cir. No. 05-6353, filed 3/14/2007). A child called 911 and stated that his mother was “going crazy,” that she was “[t]rying to kill herself,” that she was “trying to cut her[self] with a knife” and other statements to the same effect. Those statements, standing alone and in con…

Wichita Claims

Wichita begins settling damage claims after standoff at apartments – Apartment complex tenants file more than $100,000 for damages. Posted in the Topeka Capital-Journal: September 11, 2013 – 7:52am By The Associated Press. WICHITA – The Wichita City Council has approved the first settlement in at le…

Valdez v. McPheters

172 F.3d 1220 (10th Cir. 1999). Officers had felony arrest warrant for subject. Mother allegedly refused entry without search warrant, but there was conflicting evidence. Officer's searched twice, but did not find subject inside. Subject had been seen in area several times, had given his mother's ad…

Thomas Russell III et al. v. City of Chicago

Case No. 10 C 525 (N.D.Ill., August 18, 2011). A federal jury awarded a family $333,000 after a Chicago police officer shot and killed the family's nine-year-old Labrador retriever. To add insult to injury, the jury awarded $2,000 in punitive damages against the officer who shot the dog, and $1,000 …