11th Circuit: Exclusionary Rule is Inapplicable to Malicious Prosecution Claims
3/8/16
By: Kevin Stone and Andy Treese The Eleventh Circuit Court of Appeals recently published an opinion in which it held that the exclusionary rule cannot be used against police officers in a civil suit. In Black v. Wigington, 15-10848, 2016 WL 278918 (11th Cir. Jan. 22, 2016), the plaintiffs sued several sheriff’s deputies for malicious prosecution. …
U.S. Supreme Court Reverses Fifth Circuit on Whether Officer is Entitled to Qualified Immunity
11/16/15
By: Coleen Hosack On November 9, 2015, the Supreme Court reversed the Fifth Circuit’s decision to uphold a district court ruling denying summary judgment to Texas Department of Public Safety Trooper Chadrin Mullenix, the sole issue being whether Mullenix was entitled to qualified immunity under circumstances where he used his rifle to disable a…
Taser Drones for Police Officers – Now a Reality?
9/1/15
By: Wayne Melnick In the past, I blogged a series of articles regarding the possible legal and insurance ramifications of law enforcement drone usage. For quick reference you can find the blogs here and here. In the latest twist on law enforcement drone use, despite all the recent publicity regarding the militarization of local police…
5/20/15
By: Andy Treese and Charles Reed, Jr. This week the United States Supreme Court declined to rule on the issue of whether the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally ill suspect in the course of bringing the suspect into custody. At the same time,…
4/24/15
By: Brian R. Dempsey During a lawful traffic stop, a police officer can ask a driver to exit a vehicle, conduct a free-air drug sniff with a trained canine, and even investigate the possibility of criminal conduct which is unrelated to the original purpose of the traffic stop. The Supreme Court has held that these…
3/30/15
By: Kevin Stone and Brian Dempsey Earlier this week, the Supreme Court heard oral argument in Sheehan v. City and County of San Francisco and grappled with an important issue facing every law enforcement officer across the nation: Whether Title II of the Americans with Disabilities Act (ADA) requires law enforcement officers to provide accommodations…