Articles Posted in Uncategorized

Published on:

Bob Glasscox sued Officer David Moses and the City of Argo, Alabama under 42 U.S.C. 1983 for excessive force in violation of the Fourth Amendment for injuries he received when Officer Moses tased him four times in rapid succession. Glasscox, a type 1 diabetic, suffered a severe hypoglycemic episode while driving his pickup truck on Interstate 59 near Argo, Alabama. His condition caused him to begin driving erratically, and after other drivers reported his erratic driving Officer Moses was dispatched to the scene. The events that unfolded were captured on his body camera.

Continue reading

Published on:

In this case civil rights action Cozzi was arrested for robbing one pharmacy and for the attempted robbery of another. After he was released because the police found no evidence linking him to the crimes, he sued an officer of the City of Birmingham Alabama and several other law enforcement officers alleging a violation of his Fourth Amendment right to be free from an unlawful arrest pursuant to 42 U.S.C. 1983. The district court denied the officer’s summary judgment motion and the officer took this appeal arguing that he was entitled to qualified immunity on that claim because he had arguable probable cause to arrest Cozzi.

The only issue the court had to resolve was whether the officer is entitled to qualified immunity from Cozzi’s claim that the officer violated his Fourth Amendment right to be free from unlawful arrest. To invoke the qualified immunity doctrine the officer has the initial burden of showing he was within his discretionary authority. The officer met this burden without dispute. The burden then shifted to Cozzi to show that the officer violated his constitutional right and this right was clearly established at the time of the alleged violation.

For the arrest to be in compliance with the Fourth Amendment, the officer needed arguable probable cause to make the arrest. Whether a reasonable officer could have believed he had probable cause to arrest depends on the totality of the circumstances.

Continue reading

Published on:

The lawsuit by Livingston Manners  claiming federal civil rights violations by several police officers from the City of Hollywood for excessive force, malicious prosecution and a common law false arrest was ultimately rejected.  This is how the facts unfolded.

At 3:00 in the morning Manners was sitting in his car on the side of a residential street in Hollywood Florida getting ready to drive to work when Officer Cannella drove by. The officer was patrolling the area in response to recent theft crimes in the area. As Cannella passed, Manners drove off. Believing that he saw Manners run a stop sign, Cannella made a u-turn and began following Manners about four or five blocks before activating his lights and siren. It was undisputed that Manners did not stop when he saw Cannella’s behind him with lights and siren. Manners explained that he was afraid, so he continued driving and until he reached a well-lit gas station where there was surveillance and there he pulled over.

Canella approached and informed Manners he was under arrest and ordered him to stay seated in the car. According to video taken from the surveillance cameras, a physical struggle took place when Cannella attempted to arrest Manners and place him into custody. Eventually other officers arrived while the struggle was underway, and Manners was tazed and eventually subdued.

Continue reading

Published on:

The issue disputed in Koeppel v. Valencia College was whether Valencia College violated Jeffrey Koeppel’s statutory or constitutional rights when it suspended him for his harassing conduct against another student. Koeppel’s suspension followed an investigation by the Valencia Dean of Students after a “Jane Roe” lodged a complaint about messages Koeppel had been sending her. The investigation showed that he sent Jane Roe dozens of messages making lewd reference to her body and send these unwanted massages over a period of days. He continued to contact her despite her repeated pleas that he stop contacting her and after the Dean issued an order that he not contact her.

After the Dean determined that Koeppel likely violated the school’s Code of Conduct for four types of conduct prohibited by the Code, a disciplinary hearing was held by the Student Conduct Committee. At a hearing held by the Committee they reviewed the evidence of the text messages and questioned Koeppel about his messages. It concluded he was responsible for the charged conduct and suspended him for attending the college for one year.

Continue reading

Published on:

The issue here is whether a police officer seizing a cell phone from someone recording an incident violates the Fourth Amendment. In this civil rights appeal, the Martin County Sheriff’s Office Deputy Beatty claiming he was entitled to qualified immunity for seizing the plaintiff’s iPhone after from Crocker after he took photos and videos of a car accident crash scene from where he stood on the interstate grass median. The district court denied his motion for summary judgment and he took this appeal.

Crocker stopped while driving on Interstate 95 in Martin County, Florida when he observed an overturned SUV. Soon after he stopped, emergency personnel arrived but he remained in the interstate median about fifty feet from the SUV.  Crocker then took out his cell phone and proceeded to take photos and videos of the scene that included images of empty beer bottles, the overturned vehicle, and firemen. About thirty seconds after Crocker started using his camera, Beatty walked over to him, reached out from behind him without warning or explanation and took the iPhone out of his hand. When asked by Beatty why he was on the scene Crocker explained that he had stopped to assister before first responders had arrived. Beatty told the plaintiff to leave and the plaintiff agreed to but wanted his cell phone back. Beatty replied that the photos and video on the phone were evidence of the state and the plaintiff would need to drive to the nearest weigh station to wait for instruction about the return of his phone after the evidence could be obtained from it.

Continue reading

Published on:

In this civil rights action Montanez sued the Volusia County Sheriff’s deputies for the warrantless entries into the plaintiff’s house, the deputies appeal the district court’s denial of their summary judgment motions for a dismissal. In their challenge they claim that the brief searches were justified by exigent circumstances.   The warrantless searches here arose when a deputy driving his unmarked car through a neighborhood that had a rash of daytime robberies saw a man behind a house who appeared to be looking around nervously while talking on the cell phone. He saw a second man approach the first man and begin huddling with the first man. The officer was convinced they were planning a break-in of the house.

Officer called for backup and when backup arrived they approached the men and handcuffed them. One of the deputies, Raible, entered the back door. Without crossing the threshold he leaned into the doorway and announced he was with the sheriff’s office and directed anyone in the house to come out.

After searching the two individuals they found two kitchen knives they believed were used to pry open the doors after having seen what they believed were fresh marks on the door jam.   When additional officers arrived they decided to enter the home a second time to look for additional perpetrators or potential victims. The second entry was the first into the homes interior and which the officers described as a sweep, which lasted 4 minutes. During the second sweep the officers saw in plain view what they believe to be marijuana and drug paraphernalia.

Continue reading

Published on:

 

The Eleventh Circuit rejected Austin Gates’ federal civil rights claim against three City of Atlanta Police officers for arresting him without probable cause during a protest in downtown Atlanta. Gates claimed the arrest was in violation of the Fourth and First Amendments of the Constitution as well as various Georgia state court laws. Gates participated in a march protesting a grand jury’s decision not to file charges in the Ferguson, Missouri police-shooting. During the protest he was given a “V for Vendetta” mask by another protester. The mask was a stylized image of the Guy Fawkes character from the movie “V for Vendetta” and designed to cover the entire face. He and other protesters wore the same masks to express his disagreement with the grand jury’s decision and to maintain anonymity during the protest. At some point during the protest Defendant police chief Whitmire ordered the protesters to remove their masks multiple times over a loudspeaker and warned that any mask-wearing protesters would be arrested. After the warning, Whitmore issued orders to arrest any protesters wearing masks and the plaintiff was arrested. When asked why he was being arrested, the defendant officer did not immediately respond and after conferring with other officers, he was told the arrest was for wearing a mask. Gates followed with this complaint against the City and the officers pursuant to section 1983.

Continue reading

Published on:

 

In U.S. v. Lopez Hernandez, the defendants appeal their convictions under the Maritime Drug Law Enforcement Act (MDLEA) which criminalizes individuals for possessing with intent to distribute a controlled substance while on board a vessel subject to the jurisdiction of the United States. In this case the defendants’ vessel fell under U.S. jurisdiction as a vessel without nationality. The U.S. Coast Guard officers stopped the four defendants in this appeal on board a go-fast boat without a flag in international waters about 120 nautical miles southwest of the El Salvador/Guatemala border in the Pacific Ocean. When the Coast Guard approached the boat, the crewmen began dumping packages overboard that were later found to contain 290 kilograms of cocaine. The four crew members were ultimately arrested. One defendant who identified himself as the captain claimed the boat was registered in Guatemala. The Coast Guard contacted the Guatemalan government which could neither confirm nor deny. With a certification that the ship was without nationality, the Coast Guard determined it had the authority and jurisdiction under the statute to search the boat.

The defendants filed a motion to dismiss the indictment on the grounds that the Coast Guard had information in their possession indicating the boat was not a vessel without nationality within the meaning of the plain text of the MDLEA.

While the Coast Guard stated that no registration documentation was provided to them prior to contacting the Guatemalan government, they claim they later found registration documents on the ship. The defendants on the other hand claim that the Coast Guard officers had the registration documents before it asked Guatemala about the boat’s registry.

Continue reading

Published on:

In U.S. v Wright the defendant Wright pled guilty to conspiracy to commit wire fraud and aggravated identity theft by filing fraudulent tax returns in the name of identity theft victims in order to obtain the refunds in violation of 18 USC §1349 and possessing 15 or more counterfeit and unauthorized access devised with the intent to defrauds in violation of 18 USC §1029. Other counts involved possession of names and social security number of five different people. The factual proffer of the plea agreement revealed that the IRS discovered fraudulent returns coming from the same Interne Protocol (IP) address what turned out to belong to a Florida apartment that was rented by Wright. The IRS agents executed a search warrant at the apartment where they found person identifying information PII for thousands of people in a number of places in the apartment. After seizing and analyzing the documents, the IRS determined there were 12,124 identities, 331 debit of credit cards containing account information and 2,090 identities found on the computers and flash drive.

The district court sentenced Wright to 84 months. Because the intended loss on all the tax returns totaled $868,472 plus an additional $6,905,500 representing $500 for each of the 13,811 remaining compromised identities found in the apartment. The issue on appeal was whether the loss amount calculated for determining Wright’s sentencing should the $500 amount for each of the remaining 13,811 compromised identities. The appeals court refined the issued by asking whether the 13,311 compromised identities qualified as “access devises” under any part of the definition for access devices as given in the sentencing guidelines. While the court of appeals found the 331 debit or credit cards and numerous social security number are access devises, the question became whether the other thousands of compromised identities which were described only as “personal identifying information.”

Continue reading

Published on:

In U.S. v Scheels the Defendant pled guilty to one count of production of child pornography and one count of receipt of child pornography and received a 600-month sentence of imprisonment. In calculating his sentencing guideline range, the district court imposed a four-level enhancement under 2G2.1(b)(4) of the U. S. Sentencing Guidelines. This guidelines provision requires the imposition of a four-level enhancement where a defendant’s “offense involved material that portrays sadistic or masochistic conduct or other depictions of violence.” The defendant conceded that the pornography he produced does depict sadistic or masochistic conduct and admitted that it contained among other things images involving whipping and bondage. But the defendant argued that the enhancement should not apply to him because the sadistic or masochistic conduct in the pornography was directed at him not the child victim.

Continue reading