U.S. v. Fisher, 2010 WL 809818 (3/10/10) (Published) - There was reasonable suspicion to order the car's occupants at gun point to show their hands [which did not amount to an arrest] where officers responded to a call that someone had shot at a woman and her son, late at night; in a high crime area, the car was the only vehicle at the scene and its brake lights were illuminated, indicating it was about to depart. There was no reason to believe the car was involved, except for its proximity to the scene. It was plausible the shooters had not departed yet, although the witnesses did not point the car out as containing the perpetrators.
Zia Trust Co. ex rel. Causey v. Montoya, 2010 WL 780201 (3/9/10) (Published) - The 10th affirms denial of qualified immunity for excessive force in ยง1983 claim. Viewing the evidence in the light most favorable to the plaintiff, a Dona Ana County deputy sheriff did not have probable cause to believe there was a serious threat of serious physical harm to himself or others, justifying a fatal shooting, where officers responded to a call from a father that he had a dispute with his adult son who had mental health issues and there were firearms in the residence. Upon arrival, the officer exited his vehicle with his weapon drawn and, without identifying himself as an officer, positioned himself as far away as 15 feet in front of the van the deceased was driving. At the time of the shooting, the van's tires were pointed toward the officer and the van had jumped forward a foot, although it was obviously stuck on a retaining wall.
U.S. v. Frownfelter, 2010 WL 825294 (3/11/10) (unpub'd) - The 10th reverses an order of detention pending appeal. The 10th finds a substantial issue of law where the defendant pleaded guilty to one count of an 11 count indictment and the one count charged a misdemeanor amount of stealing government funds. The judge sentenced the defendant as though he had been convicted of a felony based on the introductory indictment paragraph that alleged the stealing of a total of $24,000, which would constitute a felony. The 10th seemed skeptical that the intro turned the misdemeanor allegation in the one count into a felony allegation.
Arocho v. Nafziger, 2010 WL 681679 (3/1/10) (unpub'd) - The plaintiff made out a plausible case of deliberate indifference where the clinical director recommended Interferon/Ribavarin to treat the plaintiff's hepatitis, but the BOP director refused to approve the treatment pursuant to BOP regs. The 10th also gave the plaintiff another opportunity to plead facts establishing the liability of the clinical director because the BOP director was indicating it was the clinical director who didn't make the plaintiff's medical needs clear to the BOP director.
Harris v. Ford, 2010 WL 801743 (3/10/10) (unpub'd) - It was not clearly established that the officer violated the 4th Amendment when he reentered the home without a warrant. After legitimately entering pursuant to a concern that someone was injured, the officer left to get a camera and reentered to photograph incriminating evidence found in plain view.
Zia Trust Co. ex rel. Causey v. Montoya, 2010 WL 780201 (3/9/10) (Published) - The 10th affirms denial of qualified immunity for excessive force in ยง1983 claim. Viewing the evidence in the light most favorable to the plaintiff, a Dona Ana County deputy sheriff did not have probable cause to believe there was a serious threat of serious physical harm to himself or others, justifying a fatal shooting, where officers responded to a call from a father that he had a dispute with his adult son who had mental health issues and there were firearms in the residence. Upon arrival, the officer exited his vehicle with his weapon drawn and, without identifying himself as an officer, positioned himself as far away as 15 feet in front of the van the deceased was driving. At the time of the shooting, the van's tires were pointed toward the officer and the van had jumped forward a foot, although it was obviously stuck on a retaining wall.
U.S. v. Frownfelter, 2010 WL 825294 (3/11/10) (unpub'd) - The 10th reverses an order of detention pending appeal. The 10th finds a substantial issue of law where the defendant pleaded guilty to one count of an 11 count indictment and the one count charged a misdemeanor amount of stealing government funds. The judge sentenced the defendant as though he had been convicted of a felony based on the introductory indictment paragraph that alleged the stealing of a total of $24,000, which would constitute a felony. The 10th seemed skeptical that the intro turned the misdemeanor allegation in the one count into a felony allegation.
Arocho v. Nafziger, 2010 WL 681679 (3/1/10) (unpub'd) - The plaintiff made out a plausible case of deliberate indifference where the clinical director recommended Interferon/Ribavarin to treat the plaintiff's hepatitis, but the BOP director refused to approve the treatment pursuant to BOP regs. The 10th also gave the plaintiff another opportunity to plead facts establishing the liability of the clinical director because the BOP director was indicating it was the clinical director who didn't make the plaintiff's medical needs clear to the BOP director.
Harris v. Ford, 2010 WL 801743 (3/10/10) (unpub'd) - It was not clearly established that the officer violated the 4th Amendment when he reentered the home without a warrant. After legitimately entering pursuant to a concern that someone was injured, the officer left to get a camera and reentered to photograph incriminating evidence found in plain view.
posted by Anonymous at 12:28 PM
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