Police Shooting

A family’s suit against an Austin, Texas, police officer who shot and killed their son, who was suicidal and experiencing a mental-health crisis at the time of his death, can proceed, the Fifth Circuit ruled, finding that by 2017, it was “clearly established — and possibly even obvious — that an officer violates the Fourth Amendment if he shoots an unarmed, incapacitated suspect who is moving away from everyone present at the scene.”

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Public Forums

Otero County Commissioner Couy Griffin is not entitled to qualified immunity in a viewpoint discrimination suit brought by a man who was blocked from Griffin’s Facebook page, a federal court in New Mexico ruled, finding that a public official violates the First Amendment by “establishing a Facebook page as a public forum and then blocking people from that page because their views differed from the public official’s views.”

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Passive Resistance

A jury could find that a man engaged in passive resistance when he refused to give a police officer his driver’s license and asked to speak to her supervisor because he believed there was no reason for her to stop him, the Ninth Circuit ruled, finding that officers who used a take-down maneuver against him are not immune from excessive force claims because the man had the right to be free from “the application of non-trivial force” for his “mere passive resistance.”

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