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School didn’t have duty to prevent molestation 

Published: March 28, 2012

Tags: civil rights, sexual abuse, §1983

A public elementary school did not have a constitutional duty to prevent a student from being molested by a man who removed her from school by posing as her father, the en banc 5th Circuit has ruled in affirming a dismissal.

School can suspend student for threatening drawing 

Published: March 26, 2012

Tags: civil rights, First Amendment, §1983

A public elementary school did not violate the First Amendment when it suspended a student who drew a picture that expressed a desire that the school and its teachers be blown up, the 2nd Circuit has ruled in affirming a dismissal.

Police not liable for Taser death 

Published: February 29, 2012

Tags: Excessive Force, Fourth Amendment, qualified immunity, Taser, §1983

Police were entitled to immunity when sued for causing the death of a deranged man who had been subdued through the repeated use of Tasers, the 11th Circuit has ruled in reversing judgment.

Police aren’t liable for executing ‘overbroad’ warrant 

Published: February 22, 2012

Tags: civil rights, Fourth Amendment, qualified immunity, search and seizure, §1983

Police officers were immune from being sued for violating the Fourth Amendment by executing a purportedly overbroad “all firearms” search warrant, the U.S Supreme Court has ruled.

CIVIL RIGHTS 

Published: February 22, 2012

Tags: civil rights, Fourth Amendment, qualified immunity, search and seizure, §1983

Police officers were immune from being sued for violating the Fourth Amendment by executing a purportedly overbroad “all firearms” search warrant.

See “Police aren’t liable for executing ‘overbroad’ warrant”

U.S. Supreme Court. Messerschmidt v. Millender, No. 10-704.  Feb.
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Officers entitled to qualified immunity despite warrantless entry 

Published: January 23, 2012

Tags: civil rights, Fourth Amendment, qualified immunity, §1983

The Fourth Amendment permitted police officers to enter a residence without a warrant if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, the U.S. Supreme Court has ruled in granting the officers in the case qualified immunity.

§1983 – QUALIFIED IMMUNITY 

Published: January 23, 2012

Tags: qualified immunity, §1983

Because the Fourth Amendment permitted police officers to enter a residence if they had a reasonable basis for concluding that there was an imminent threat to their safety and the safety of others, they were entitled to qualified immunity despite the lack of a warrant.

See “Officers entitled to qualified immunity despite warrantless entry.”

U.S. Supreme Court. Ryburn v. Huff, No. 11-208. Jan. 23, 2012. Lawyers USA No. 993-3510.

Officers may be liable for use of dog to subdue driver 

Published: January 19, 2012

Tags: civil rights, Excessive Force, Fourth Amendment, qualified immunity, §1983

A driver could proceed with an excessive force lawsuit against officers who allegedly allowed a police dog to bite him repeatedly after he fled from a traffic stop, the 11th Circuit has ruled in reversing judgment.

Constitution doesn’t protect student’s anti-gay views 

Published: December 21, 2011

Tags: civil rights, First Amendment, §1983

The First Amendment does not protect a graduate student who was directed by school officials to enter a remediation program due to her religious views on homosexuality, the 11th Circuit has ruled in affirming judgment.

Employer liable for firing transgender worker 

Published: December 8, 2011

Tags: civil rights, equal protection, gender discrimination, transgender, §1983

A government employer violated a transgender employee’s equal protection rights when it fired her upon learning that she would go forward with a sex change, the 11th Circuit has ruled.