Use of Force

Fuqua v. Santa Fe County Sheriff’s Office: Reassessing Threat Perception and Use of Deadly Force

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Fuqua v. Santa Fe County Sheriff’s Office. This case stems from an incident in July 2021 when Deputy Leonardo Guzman pulled behind Jason Roybal’s vehicle. Knowing that Roybal had outstanding warrants, Deputy Guzman activated his emergency lights to initiate a traffic stop. Instead of pulling over, Roybal attempted to flee. […]

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Four Minutes, Two Taser Deployments, and a Fatal Shot: Burke v. Pitts Reaffirms That Qualified Immunity Has Limits

The United States Court of Appeals for the Tenth Circuit recently released a ruling for Burke v. Pitts, a case that arose after a response to a domestic disturbance call ended with multiple Taser discharges and a fatal shooting within four minutes of officer arrival.1 The United States Court of Appeals for the Tenth Circuit affirmed the district court’s denial of qualified immunity for the officers, holding that, under clearly established law, the officers’ use of force was

Four Minutes, Two Taser Deployments, and a Fatal Shot: Burke v. Pitts Reaffirms That Qualified Immunity Has Limits Continue Reading

No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit

The United States Court of Appeals for the First Circuit recently addressed the State Created Danger Doctrine in Cohen v. City of Portland. This case arose after Eric Cohen, experiencing a psychotic episode, attacked his girlfriend and fled into the cold waters of Portland’s Back Cove, where he eventually drowned from hypothermia. Factual Background On April 12, 2020, the Portland Maine Police Department received an

No Duty to Dive: 41-Degree Back Cove Death Does Not Trigger State-Created-Danger Claim, Says First Circuit Continue Reading

Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers

The United States Court of Appeals for the Ninth Circuit issued a decision in Johnson v. Myers, 129 F.4th 1189 (9th Cir. 2025), where the Court considered whether a suspect posed an immediate threat to officers for purposes of determining whether the officers’ use of deadly force was justified. The case reached the Court after Ryan Smith was shot and killed by two Seattle police

Six-Second Shooting Strips Seattle Officers of Immunity — Ninth Circuit in Johnson v. Myers Continue Reading

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente

The Ninth Circuit Court of Appeals issued a recent decision in Puente v. City of Phoenix1, a case that examines law enforcement’s application of force when attempting to maintain order in response to large crowd-control situations. Arising from a protest outside a rally for then-President Trump in Phoenix, Arizona in 2017, the Phoenix Convention Center drew a crowd of demonstrators that required a safety-response plan

Fences, Free Speech, and a Trump Rally Tussle: Ninth Circuit Upholds Phoenix’s Crowd-Control Tactics in Puente Continue Reading

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity

The United States Court of Appeals for the Ninth Circuit recently issued a decision in Napouk v. Las Vegas Metropolitan Police Department, a case involving the use of deadly force. The ruling highlights the challenges law enforcement officers face when making split-second decisions in tense, uncertain, and rapidly evolving situations. Stemming from the fatal shooting of Lloyd Napouk by two officers from the Las

From Toy Blade to Tragic End: Napouk v. Las Vegas Metro Police Evaluates Deadly Force and Qualified Immunity Continue Reading

The Ninth Circuit Navigates the Thin Line Between Excessive Force and Family Rights in Waid v. County of Lyon 

The Ninth Circuit Court of Appeals has recently rendered a decision in the case of Waid v. County of Lyon, a case that centers on claims of excessive force used by two law enforcement officers. This case emerged from an incident involving the officers’ response to a 911 call reporting domestic violence, which tragically resulted in the shooting of Robert Anderson. This case arose

The Ninth Circuit Navigates the Thin Line Between Excessive Force and Family Rights in Waid v. County of Lyon  Continue Reading

How Qualified Immunity is Affected by Clearly Established Law

Our case today from the Tenth Circuit covers qualified immunity and excessive force and brings up another case that is important to note when handling qualified immunity: Heck v. Humphrey. While we often discuss qualified immunity cases, many of them are dismissed under Heck v. Humphrey. In Heck v. Humphrey, the Supreme Court held that a plaintiff could not bring a civil-rights claim for

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​​When Tactical Operations & Mental Health Crises Collide

​In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. ​West Valley City’s SWAT team arrived at Coronado’s home and began immediate attempts to negotiate with

​​When Tactical Operations & Mental Health Crises Collide Continue Reading

Mouthy Detainees and Excessive Force: Johnson v. City of Miami Beach

Today’s case from the Eleventh Circuit examines an excessive use of force that ultimately ended in an officer being denied qualified immunity. Qualified immunity protects officers from civil liability unless their conduct violates clearly established constitutional rights of which a reasonable person would have known. In excessive force cases, whether a plaintiff’s constitutional rights were violated is governed by the Fourth Amendment’s objective reasonableness

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