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Terranova v. State of New York, No. 09-5025-cv (L) (2nd Cir.) (676 F.3d 305) (April 16, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Excessive Force, Punch And Jurists

Terranova v. State of New York, No. 09-5025-cv (L) (2nd Cir.) (676 F.3d 305) (April 16, 2012) (Judge Ralph K. Jr. Winter) by In a suit under 42 USC § 1983 for violation of the appellants' Fourth Amendment right to be free from unreasonable seizure through the use of excessive …

U.S. v. Gray, No. 10-1266-cr (L) (2nd Cir.) (642 F.3d 371) (April 28, 2011) (Judge Robert A. Katzmann)

Article • December 1, 2011

Filed under: Excessive Force, Punch And Jurists

U.S. v. Gray, No. 10-1266-cr (L) (2nd Cir.) (642 F.3d 371) (April 28, 2011) (Judge Robert A. Katzmann) by Applying a Sarbanes-Oxley Act section that tightened provisions on the destruction or fabrication of evidence, the 2nd Circuit upheld obstruction-of-justice convictionsagainst two guards at a private prison facility stemming from an …

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (630 F.3d 805) (November 30, 2010) (Judge Kim McLane Wardlaw)

Article • December 1, 2011

Filed under: Excessive Force, Punch And Jurists

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (630 F.3d 805) (November 30, 2010) (Judge Kim McLane Wardlaw) by [Editor's Note: For a commentary on this amended decision, see "Update on Bryan v. McPherson: Taser Is Intermediate Use of Force, But Officer Entitled to Qualified Immunity," by Daniel P. Barer, as …

Mattos v. Agarano, No. 08-15567 (9th Cir.) (661 F.3d 433) (October 17, 2011) (Judge Richard A. Paez)

Article • October 31, 2011 • from P&J October, 2011

Filed under: Excessive Force, Punch And Jurists

Mattos v. Agarano, No. 08-15567 (9th Cir.) (661 F.3d 433) (October 17, 2011) (Judge Richard A. Paez) by Here a divided en banc Court split on the issue of whether the tasing of two women in 2004 and 2006 (one of whom was pregnant and neither of whom posed any …

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (608 F.3d 614) (June 18, 2010) (Judge Kim McLane Wardlaw)

Article • July 12, 2010 • from P&J July, 2010

Filed under: Excessive Force, Punch And Jurists

Bryan v. MacPherson, No. 08-55622 (9th Cir.) (608 F.3d 614) (June 18, 2010) (Judge Kim McLane Wardlaw) by In Bryan v. MacPherson, 590 F.3d 767 (9th Cir. Dec. 28, 2010) (P&J, 12-07-09) (“Bryan I”), a panel from the Ninth Circuit issued one of the most compelling and comprehensive rulings to …

Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Excessive Force, Punch And Jurists

Bryan v. McPherson, No. 08-55622 (9th Cir.) (590 F.3d 767) (December 28, 2009) (Judge Kim McLane Wardlaw) by This decision represents one of the most comprehensive analyses that we have seen to date of the standards that should apply to the growing indiscriminate and reckless uses of Taser guns by …

Oliver v. Fiorino, No. 08-15081 (11th Cir.) (586 F.3d 898) (October 26, 2009) (Judge Stanley Marcus)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Excessive Force, Punch And Jurists

Oliver v. Fiorino, No. 08-15081 (11th Cir.) (586 F.3d 898) (October 26, 2009) (Judge Stanley Marcus) by In this civil rights case the Estate of Anthony Carl Oliver filed suit against Orlando police officers Lori Fiorino and David Burk, charging they used excessive and unreasonable force in violation of the …

Buckley v. Haddock, No. 07-10988 (11th Cir.) (292 Fed.Appx. 791) (September 9, 2008) (Judge James Larry Edmondson)

Article • August 1, 2008 • from P&J August, 2008

Filed under: Excessive Force, Punch And Jurists

Buckley v. Haddock, No. 07-10988 (11th Cir.) (292 Fed.Appx. 791) (September 9, 2008) (Judge James Larry Edmondson) by This case is noted for Judge Martin’s unusually strong dissent in which she expressed deep outrage over the majority’s conclusion that a deputy sheriff had not used excessive force when he repeatedly …

U.S. v. Ramos, No. 06-51489 (5th Cir.) (537 F.3d 439) (July 28, 2008) (Judge E. Grady Jolly)

Article • June 1, 2008 • from P&J June, 2008

Filed under: Excessive Force, Punch And Jurists

U.S. v. Ramos, No. 06-51489 (5th Cir.) (537 F.3d 439) (July 28, 2008) (Judge E. Grady Jolly) by Few criminal prosecutions in the last decade have generated more emotion and controversy than this case involving two former U.S. Border Patrol agents, Ignacio Ramos and Jose Compean. They were convicted of …

Zellner v. Summerlein, No. 05-6309-cv (2nd Cir.) (494 F.3d 344) (July 20, 2007) (Judge Amalya Lyle Kearse)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Excessive Force, Punch And Jurists

Zellner v. Summerlein, No. 05-6309-cv (2nd Cir.) (494 F.3d 344) (July 20, 2007) (Judge Amalya Lyle Kearse) by For a summary of this decision, see "Circuit Reinstates Verdict Against State Police," by Joel Stashenko, as published in the New York Law Journal, July 31, 2007, as follows: "A federal appellate …

Tennessee v. Garner, No. 83-1035 (U.S. Supreme Court) (471 U.S. 1; 105 S.Ct. 1694) (March 27, 1985) (Justice White)

Article • May 8, 2007

Filed under: Excessive Force, Punch And Jurists

Tennessee v. Garner, No. 83-1035 (U.S. Supreme Court) (471 U.S. 1; 105 S.Ct. 1694) (March 27, 1985) (Justice White) by Case held that apprehension by the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and notwithstanding cause, the use of deadly force to prevent the escape …

U.S. v. Gonzales, No. 04-20131 (5th Cir.) (436 F.3d 560) (January 17, 2006) (Judge Will L. Garwood)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Excessive Force, Punch And Jurists

U.S. v. Gonzales, No. 04-20131 (5th Cir.) (436 F.3d 560) (January 17, 2006) (Judge Will L. Garwood) by In this 51-page opinion, the Fifth Circuit affirmed the convictions and sentences of three members of an elite INS squad known as the San Antonio Fugitive Unit, a group that specialized in …

Harris v. Coweta County, Georgia, No. 03-15094 (11th Cir.) (433 F.3d 807) (December 23, 2005) (Judge Rosemary Barkett)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Excessive Force, Punch And Jurists

Harris v. Coweta County, Georgia, No. 03-15094 (11th Cir.) (433 F.3d 807) (December 23, 2005) (Judge Rosemary Barkett) by Plaintiff, a suspect for a traffic violation, brought suit under 42 U.S.C. § 1983 after he was injured at the conclusion of a high speed chase. Defendants, a deputy and a …

Graham v. Connor, No. 87-6571 (U.S. Supreme Court) (490 U.S. 386; 109 S.Ct. 1865) (May 15, 1989) (Justice Rehnquist)

Article • December 22, 2004

Filed under: Excessive Force, Punch And Jurists

Graham v. Connor, No. 87-6571 (U.S. Supreme Court) (490 U.S. 386; 109 S.Ct. 1865) (May 15, 1989) (Justice Rehnquist) by In this case the Court addressed claims of a diabetic who brought a § 1983 action to recover damages for injuries allegedly sustained when law enforcement officers used physical force …

Garrett v. Athens-Clarke County, GA, No. 03-11264 (11th Cir.) (378 F.3d 1274) (July 30, 2004) (Per Curiam)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Excessive Force, Punch And Jurists

Garrett v. Athens-Clarke County, GA, No. 03-11264 (11th Cir.) (378 F.3d 1274) (July 30, 2004) (Per Curiam) by An arrestee died from positional asphyxia after being fettered by police. Plaintiff, the arrestee's mother, sued defendant police officers for wrongful death and deprivation of civil rights. The U.S. District Court for …

U.S. v. Donnelly, No. 03-2022 (1st Cir.) (370 F.3d 87) (May 27, 2004) (Judge Mary M. Lisi)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Excessive Force, Punch And Jurists

U.S. v. Donnelly, No. 03-2022 (1st Cir.) (370 F.3d 87) (May 27, 2004) (Judge Mary M. Lisi) by

Pizzuto v. County of Nassau, No. CV 00-0148 (NGG) (E.D.N.Y.) (239 F.Supp.2d 301) (January 16, 2003) (Judge Nicholas G. Garaufis)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Excessive Force, Punch And Jurists

Pizzuto v. County of Nassau, No. CV 00-0148 (NGG) (E.D.N.Y.) (239 F.Supp.2d 301) (January 16, 2003) (Judge Nicholas G. Garaufis) by Plaintiff family members brought a 42 U.S.C. § 1983 action against defendants, a county, and corrections officers, alleging their liability under federal and state law for the decedent's murder …

McNair v. Coffey, No. 00-1139 (7th Cir.) (279 F.3d 463) (January 29, 2002) (Judge Frank H. Easterbrook)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Excessive Force, Punch And Jurists

McNair v. Coffey, No. 00-1139 (7th Cir.) (279 F.3d 463) (January 29, 2002) (Judge Frank H. Easterbrook) by This case is principally noted for its review of the impact of the Supreme Court's decision in Saucier v. Katz, 533 U.S. 194 (2001). In the Court's earlier decision in this case, …

Robinson v. Solano County, No. 99-15225 (9th Cir.) (278 F.3d 1007) (February 4, 2002) (Judge Mary M. Schroeder)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Excessive Force, Punch And Jurists

Robinson v. Solano County, No. 99-15225 (9th Cir.) (278 F.3d 1007) (February 4, 2002) (Judge Mary M. Schroeder) by Here a divided en banc Court from the Ninth Circuit held that police officers used excessive force when they pointed cocked and loaded guns at an unarmed 64 year old man …

Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Excessive Force, Punch And Jurists

Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson) by Here, on remand from the Supreme Court, a panel reaffirmed a prior decision in which it had held that police officers were not entitled to assert the defense of …