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Articles Posted in Constitution – Bill of Rights

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Students’ dismissal of claims against Broward County from Parkland shooting upheld

Nikola Cruz shot and killed 17 people at the Marjory Stoneman Douglas High School in Parkland, Florida on February 14, 2018. Fifteen students who were bystanders suffered traumatic harm and psychological injuries from the shooting. In their lawsuit against Broward County, Robert Runcie, Scot Peterson, the students allege that the…

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Fourth Amendment violation saved by the inevitable discovery exception

Latecia Watkins was a supervisor at the Boca Raton, Florida, Post Office when she was arrested on for importing more than five kilograms of cocaine into the United States. Here is how it unfolded. Two packages from Trinidad and Tobago addressed to the Boca Raton Post Office were intercepted at…

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Prosecution statements not reversible; restrictions against using the internet not a First Amendment violation

Bobal was indicted by a grand jury on two counts of using a means of interstate commerce to attempt to persuade a minor to engage in sexual activity in violation of 8 U.S.C. sec. 2422(b) and committing a felony offense involving a minor after being required to register as a…

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Officers not protected by qualified immunity for pretrial inmate’s death from tasing

Ricky Hinkle died in a Birmingham City jail after being shocked twice with a taser and his son Hunter filed federal civil rights lawsuit against Deputy Dukuzumuremyi under 42 U.S.C. 1983 for a violation of Hinkle’s constitutional right to be free from excessive force. Hunter also claimed that Sheriff Hale…

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Reversing the dismissal of inmate’s Eighth Amendment claim for excessive force

Dismissal of inmate’s Eighth Amendment claim was incorrect Sears filed this 42 U.S.C. § 1983 civil rights lawsuit for excessive force and deliberate indifference as a result of a physical assault and having been pepper sprayed after he was handcuffed and compliant. This incident happened while he was an inmate…

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Reaching into a pants pocket to seize a bullet was a constitutional pat down search

In U.S. v. Johnson the Eleventh Circuit court of appeals reversed a panel decision which held that an officer conducted an unconstitutional search and seizure when he removed a round of ammunition from the defendant’s pocket after conducting a pat down of the defendant who was a burglary suspect. The…

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Ignoring a detainee’s need for medical treatment was deliberate indifferent in violation of the Eighth Amendment

  After Almus Taylor died from internal bleeding after being kept in a jail holding cell overnight, Almus’s father Bonny Taylor sued the jail guards under 42 U.S.C. §1983 and Alabama state law alleging that they were deliberately indifferent to Almus’s serious medical needs. After the district court dismissed Bonny’s…

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The emergency-aid exception overcame a warrantless home search challenge

A U.S. Marshals Service fugitive task force and counter gang unit sought to arrest Cooks at his home.   A member of the Bloods street gang, Cooks  was wanted for second degree assault by the Birmingham Police Department. While surveilling Cooks’s home, the officer saw a car arrive at the residence and…

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Excessive force claim upheld for injuries sustained from handcuffs

In an important decision the Eleventh Circuit held in Sebastian v. Ortiz that an arrested person can proceed with a civil rights excessive force claim for substantial injuries arising from a handcuffing following a valid arrest. This is an appeal by Javier Ortiz of the Miami Police Department from the…

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