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Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger
by Dale Chappell
Can police conduct a traffic stop simply because someone in the car gave them the finger? The U.S. District Court for the Western District of Virginia held that they cannot, allowing a lawsuit to move forward in just such a case.
When Brian Clark and some ...
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More from this issue:
- News in Brief
- Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail, by Edward Lyon
- Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
- Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’, by Douglas Ankney
- Deadly Force Mindset as Justifiable Defense Questioned, by Kevin Bliss
- L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees, by Dale Chappell
- Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
- Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional, by Douglas Ankney
- In Washington State, a Man’s Home Is No Longer His Castle, by Edward Lyon
- New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work, by Dale Chappell
- Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction, by Douglas Ankney
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, by Matthew Clarke
- Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse, by Chad Marks
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, by Douglas Ankney
- California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant, by Derek Gilna
- Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct, by Michael Berk
- Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional, by Douglas Ankney
- Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant, by Chad Marks
- Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives, by Sagiv Galai
- Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
- Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal, by Dale Chappell
- Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
- Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA, by Douglas Ankney
- Legal Aid Society Counters NYC Police Misconduct With New Database
- Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
- Second Circuit: Government’s Misleading Disclosure Warrants New Trial, by Douglas Ankney
- Facial Recognition Gives Police Easier Access to Cellphones, by Dale Chappell
- Why Brady Lists Still Don’t Work, by Douglas Ankney
- Abolishing the Death Penalty Leads to Decline in Murders, by Douglas Ankney
- Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim, by Douglas Ankney
- Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger, by Dale Chappell
- Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation, by Douglas Ankney
- Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional, by Douglas Ankney
- Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional, by Douglas Ankney
- First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing, by Douglas Ankney
- Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2, by David Reutter
- California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence, by David Reutter
- SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver, by Douglas Ankney
- California Governor Announces Moratorium on Capital Punishment, by Bill Barton
- Arrests Do Not Necessarily Represent Solved Crimes, by Edward Lyon
- Expert Report Urges Changes to Forensic Analysis in Courtrooms, by Dale Chappell
- Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight, by Kevin Bliss
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, by Dale Chappell, Brandon Sample
- Texas Misuses Privacy Law to Withhold In-Custody Death Information, by Edward Lyon
- Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants, by David Reutter
More from Dale Chappell:
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
More from these topics:
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024. Qualified Immunity, Control Units/SHU/Solitary Confinement, Hearings.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024. Traffic stop, State Constitutional Claims, Pretextual Stops, Traffic Stops.
- Eighth Circuit Says Lower Court “Tilted the Scales Too Far” for Jailers in Missouri Detainee’s Fatal Overdose, May 1, 2024. Drug Overdose, Qualified Immunity.
- Qualified Immunity Denied to Former New Mexico Warden in Prisoner’s Sexual Abuse Claim, May 1, 2024. Staff-Prisoner Assault, Discovery, Qualified Immunity, Supervisory Liability, Immunity - Absolute and Qualified.
- Second Circuit Grants New York Officials Qualified Immunity for Prisoner’s Stolen Sentence Credits, May 1, 2024. Education, Good Time, Overdetention, Qualified Immunity.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.