Threatening
Chicago IL police sgt threatens & takes ID from traffic cop who put boot on car of cop who had 62 unpaid tickets [0] bit.ly/pGsAjA
Palmetto FL cop arrested for threatening wife & kids w/rifle & taser had history of 14 disciplinary cases in 11yrs [0] bit.ly/n3sWCV
Murder
Bay City MI settles suit for $1mil to family of 15yr-old who died after tasered. While police claim he was tasered for taking up a “fighting stance”, witnesses claim he was cuffed when he was tasered. [0] bit.ly/q2tsBp
Assault
Colonial Regional Police PA cop charged w/assaulting his estranged wife in custody dispute in front of 9yr-old son [0] bit.ly/qVAMKN
Trenton NJ cop arrested on agg assault & other charges for allegedly pointing gun at girlfriend & threatening her [0] bit.ly/od2Abg
Washington Park IL cop pleads to rights charge for firing at car, illegally jailing 2 men & unrelated fraud charges [0] bit.ly/ob6rRg
Excessive Force
San Francisco CA police in the above video are being accused of using excessive force on female protester at end of protest against BART police [3] bit.ly/qvwjN9
2 Seaside Heights NJ cops accused of arresting 2 men on video, above, and beating one of them after shutting off the cell phone videotaping them. Apparently because one of them was videotaping one of the officers. [0] bit.ly/pBGMLt
Syracuse NY cop gets unspecified discipline but no charges after caught on video, above, slamming a cuffed man into his cruiser [1] bit.ly/nYQY4U
Ottawa ON sued by man alleging cops beat him, stripped him, then tried to crush his testicles against cell bars [3] bit.ly/oQYRD4
Burlington ON & Halton ON cops accused of excessive force by judge dismissing case against man who had arm broken [3] bit.ly/p9zAFP
Los Angeles Co CA sheriff reaches tentative $900k settlement w/family of woman who died after released from jail [0] lat.ms/r5GLpI
Regina SK cop charged w/assault on unspecified allegations that he used excessive force on a man in custody [2] bit.ly/nYqZhf
Gretna LA cop who is already the subject of an excessive force case where a police dog bit off a man’s penis is now being sued by a man claiming the officer tasered him and his 7-year-old son during a traffic stop then beat him afterward. [3] bit.ly/mShOEo
Portsmouth VA cop sued by man claiming he was tasered while handcuffed in drug arrest that was later dismissed [3] bit.ly/pFX4Yk
Civil rights violation
Chicago IL cop in SOS scandal sentenced to probation in plea to false report about warrantless raid caught on video [0] trib.in/nn0iMp
Kids and cops……just ….just…ouy
Corpus Christi TX cop found guilty of indecency with child for groping a 12yr-old girl during an ATV ride [0] bit.ly/nf0wKC
Rockaway Beach OR cop who coached softball team arrested for encouraging child sexual abuse & other charges [0] bit.ly/px1aBb
Madison NJ cop pleads guilty to child pornography charge for asking what he thought was 13yr-old girl for nude pics [0] bit.ly/ob04r2
Boone IA cop subject of state criminal investigation into unspecified allegations after resigning last week [2] bit.ly/nTPX4j
Sexual assault
Harrison Co IN sheriff gets 9mo house arrest in plea deal to groping employees & covering it up w/intimidation [0] bit.ly/orqmh4
New Britain CT police capt faces new allegations of sexual misconduct raised during testimony in suit by other cop [0] cour.at/rm22Cm
Cranford NJ cop suspended w/o pay after arrested for alleged on-duty criminal sexual contact & official misconduct [0] bit.ly/ruApXf
Theft
Moorehead State Univ KY cop indicted on shoplifting charges along with wife accused of stealing from Walmart [0] bit.ly/p29rfJ
Midwest City OK now-retired police major charged for falsely claiming 2.5hrs overtime when GPS showed he was home [0] bit.ly/pKdP3v
Palm Beach Co FL deputy arrested for allegedly smuggling contraband into jail in exchange for stolen debit cards [0] bit.ly/r22ewv
False arrest
Philadelphia PA cop w/history of retaliatory false arrests subject of 3rd suit alleging yet another false arrest [0] http://t.co/O1kij5L
Fraud
Pittsburgh PA cop on paid leave after charged w/insurance fraud and related crimes involving off-duty accident [0] http://bit.ly/nXtlDa
Craven Co NC deputy sentenced to 60days jail after pleading to charges over fatal on-duty 100mph crash [0] bit.ly/renjWO
Redding CA cop suspended after arrested on suspicion of drunk driving while behind wheel of city-owned vehicle [1] bit.ly/qZrO3L
Tucson AZ cop arrested on drunk driving, agg assault & other charges after rear ending another car while off duty [0] bit.ly/nn7J6z
North Muskegon MI cop who also works for Roosevelt Park MI gets suspended sentence for crashing into home while DUI [0] bit.ly/qGCyyT
Gage Co NE deputy arrested on drunk driving allegations after being pulled over for speeding while off duty [0] bit.ly/q8cGsH
Draper UT K9 cop arrested on drug paraphernalia charge after allegedly caught on video smoking heroin in patrol car [0] bit.ly/nLjBj8
I’m a little surprised there are no reports of cops and animals this week. There is almost always at least one report about cops torturing, maiming or killing some helpless beast.
idiots at work
Washington State Supreme Court rules police misconduct investigation records must be made public whether the complaint was sustained or not. This is a major change in a state where police kept misconduct records hidden from the public as a matter of state law and may signal a reversal for Seattle, which is currently subject of a fed investigation, where the police union recently won a case to keep their names off misconduct reports even when they are found guilty of misconduct. [0] bit.ly/p7coDD
Jasper TX cop allegedly responsible for 28% of that department’s use of force incidents was fired over 2 alleged excessive force incidents this month [0] bit.ly/qfHrVe
Philadelphia PA police are accused of excessive force by beating a “partially” blind man & tasering a bystander who refused to leave his own porch [3] bit.ly/qVyJuw
Seattle WA cop subject of suit alleging he tasered & falsely arrested a man and his brother on unwarranted bank robbery charges in revenge for flirting w/woman he dated [3] bit.ly/ow9O6b
Monroeville OH cop accused for assaulting Huron Co OH deputy at his home, both officers on paid leave [1] bit.ly/pPlKhf
Tuscon AZ cop arrested on DUI, agg assault & endangerment charges after car accident that injured 3 people [0] bit.ly/qTxjaM
Pennsylvania State trooper sentenced to 2-23mo prison for assaulting Humane Society police officer at pizza shop [0] bit.ly/q2soxs
Houston TX cop given indefinite suspension (fired) for punching cuffed suspect on video after chase [0] bit.ly/okmhPr
Gwinnett Co GA cop gets probation in no contest plea deal for tasering a Waffle House employee as a joke [0] bit.ly/ovIrw6
Assault and threatening
Coral Springs FL cop to be fired after convicted of choking a suspect & telling him he’ll see him when he gets out [0] sunsent.nl/mXmsxFPhiladelphia PA cop arrested on agg assault, unlawful restraint & other charges in alleged attack on his ex-girlfriend [1] bit.ly/rrgO1s
Sexual assault/Rape
Ada Co ID deputy already accused of groping & harassing a woman is now accused of doing the same to a second woman. [0] bit.ly/obdywbA drunk New York NY police officer was arrested on a sexual assault charge after a witness called 911 while seeing him rape a school teacher at gun point early in the morning. Police arrived in time find him with the victim who was able to tell them what happened. [0] http://is.gd/yEKkbj
Ontario Provincial cops accused of leaving bound rape victim tied up & untreated for 5 hours while they waited for a police photographer [3] bit.ly/nYl93g
Wrongful/false arrest
Truth or Consequences NM cop hired after fired for false reporting as deputy now facing wrongful arrest lawsuit [3] bit.ly/raDYqV2 Glendale CA cops “released” from dept for unspecified misconduct, one subject of false arrest suit by lawyer [2] bit.ly/pyblTn
Belmont NC police sued by woman & neighbor alleging cops arrested her for complaining about them speeding out of fear for her 3yr-old child’s safety. [3] bit.ly/rdPYhn
Stalking
Haverhill MA police lt head of IA retires after caught on-duty at home of woman who filed for protection order [0] bit.ly/okaKeiLiving while being an idiot
Cumberland Co NJ deputy suspended after leaving assault rifle & ammo in the road after cleaning trunk [0] bit.ly/qEJGRAFairfax Co VA police accused of harassing biker’s funeral procession & threatening to taser dead man’s brother [1] http://t.co/oc8lMYW
Illicit behavior
New Mexico State trooper allegedly caught on surveillance camera having sex on county property while in uniform [0] bit.ly/pONL57Narcotics
Clark Co OH deputy arrested by fellow deputies on abuse of prescription drugs charges on unspecified allegations [1] http://t.co/Tv41U0qIndianapolis IN cop gets probation & time served in plea deal for DUI and fraud charges involving prescriptions [0] bit.ly/qNy2l6
Philadelphia PA cop sentenced to 16yrs for plot to rob dealer & sell heroin, joins 2 others already sentenced, including his wife. [0] bit.ly/qSJXob
Harris Co TX deputy sentenced to 5yrs for accepting bribes from drug dealer in exchange for protection & police information [0] bit.ly/ouK8E4
Minneapolis MN police sgt charged w/misconduct on allegations he misused police database to get unspecified private info [1] bit.ly/nxI84t
Murder/Attempted murder
A state investigation into how an East Dublin GA cop fatally shot an unarmed man during investigation into fatally shooting of unarmed man reopened after discovered cop missed gun training [0] bit.ly/oUbyY7Spring Lake NC settles suit for $150k to man claiming continuous harassment by police eventually led to an officer shooting him needlessly. [0] bit.ly/qLsj1c
Palmetto FL cop was arrested for Aggravated domestic assault with a deadly weapon on allegations the pointed an AR-15 and taser at his family and told them he could kill at any time and get away with it. [0] bit.ly/rdkU4V
Chicago IL to pay $333k in jury award to family who’s pet lab was shot to death during raid that found nothing because police filed for warrant covering both units of a duplex even though they were only really targeting the unit next door. The teen family member home during the raid asked police to let him put their dog away but the officers wouldn’t let him then shot the dog to death when it came around the corner, wagging it’s tail according to the family. [3] trib.in/qchnyU
Resisting arrest
Daytona Beach FL police detective sentenced to probation for resisting arrest in dispute when stopped for speeding on her way to where police were arresting her son. [0] thesent.nl/qtj8s8Profiling
Peel ON police accused of profiling by a 60yr-old black man claiming a cop interrogated him in back of cruiser while she was looking for a 20yr-old suspect. [2] bit.ly/pRxyIBLos Angeles Co CA sheriff’s dept subject of DOJ probe into allegations of discrimination against section8 residents [0] lat.ms/mOuSoe
Tupelo MS subject of unspecified DOJ investigation into police hiring practices, officials refuse to say why [2] bit.ly/nEzbtE
Child endangerment/soliciting sex
Radcliff KY cop among 26 arrested in child predator sting, allegedly solicited sex from cop posing as 14yr-old [0] thesent.nl/p7ajeuPerjury
Marlow OK cop gets suspended sentence in plea to perjury in case where the prosecutor stopped a drug trial & the judge had him charged with lying under oath [0] bit.ly/r7PekTDrunk
Chemung Co NY deputy was speeding & didn’t maintain lane in crash that killed him & another motorist [0] bit.ly/pVrS49Portland OR cop on desk duty after arrested on DUI, attempting to elude & reckless endangerment charges [1] bit.ly/pDWyzx
Indianapolis IN cop arrested on drunk driving charges after crashing his police cruiser into a parked car while off duty [0] bit.ly/o1d0Qf
Kelleys Island OH cop arrested on drunk driving charges after head-on crash into female motorist, tested .208 BAC [0] bit.ly/raMlaD
Kidnap
Davidson Co TN sheriff’s dept loses suit for $200k to woman on immigration hold left shackled to bed while giving birth [1] bit.ly/ris3FcDenver CO police criticized for cuffing 8yr-old autistic kid over outburst then escorting him to hospital where he was forced to wait in ER for 5 days on a mental health hold even though he already was in treatment for autism [3] bit.ly/mQIPeB
Fraud
Kingston NY now-retired detective arrested on multiple charges after audit finds he submitted fake transcripts to get stipend while he was a cop [0] http://t.co/YpMB6q7New Orleans LA cop charged w/216 counts for writing fake seatbelt violation tickets to collect extra pay from fed grant that pays cops to write those kinds of tickets. [0] bit.ly/pMBknq
Forgery
Brownsville TX cop suspended after indicted for forgery, theft & official repression for stealing 2 cars from public auction [0] bit.ly/pkjIYWPolitical espionage
Boston MA police sued by ACLU & other groups trying to force them to reveal what their policy is for how they gather surveillance of activists and political groups [4] bit.ly/o1YsI3UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 02-2306, No. 02-2307, No. 02-2308
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
372 F.3d 294; 2004 U.S. App. LEXIS 12033
October 30, 2003, Argued
June 18, 2004, Decided
PRIOR HISTORY: [**1] Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. (CA-02-582-A). Leonard D. Wexler, Senior District Judge.
DISPOSITION: Reversed and remanded with instructions.
CASE SUMMARY
LexisNexis® Headnotes Hide Headnotes
Civil Procedure > Appeals > Appellate Jurisdiction > Collateral Order Doctrine
Civil Procedure > Appeals > Appellate Jurisdiction > Final Judgment Rule
Civil Rights Law > Immunity From Liability > Local Officials > Customs & Policies
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
372 F.3d 294; 2004 U.S. App. LEXIS 12033
October 30, 2003, Argued
June 18, 2004, Decided
PRIOR HISTORY: [**1] Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. (CA-02-582-A). Leonard D. Wexler, Senior District Judge.
DISPOSITION: Reversed and remanded with instructions.
| PROCEDURAL POSTURE: Appellee personal representative sued appellants, five officers who handled the arrestee while in custody. Claims raised included one that each officer violated the arrestee's Due Process rights, i.e., was deliberately indifferent to a serious risk of physical harm. The U.S. District Court for the Eastern District of Virginia, at Alexandria, denied summary judgment to appellant officers. They challenged the summary denial of qualified immunity. |
| OVERVIEW: Police officers arrested the individual on suspicion of being drunk in public. After processing him at a substation and placing a "spit mask" over his head, they placed the handcuffed individual in the back of a police van to transport him to a detention center where medical care was available for intoxicated detainees. En route, he vomited and later died. The claims boiled down to whether the officers violated the arrestee's Fourteenth Amendment rights as a pre-trial detainee through their deliberate indifference to a substantial risk of physical harm to him. The court laid out the two general requirements for liability under the deliberate indifference standard. Deliberate indifference was a very high standard--a showing of mere negligence would not meet it. The evidence did not establish that the officers knew the spit mask exposed him to a specific risk distinct from the general risks of which they were aware. Having ascertained the risk as the officers perceived it, the court determined that the evidence did not show that they responded with deliberate indifference to the substantial risk of harm. Accordingly, the officers should have been granted qualified immunity. |
| OUTCOME: The court reversed the district court's denial of qualified immunity and remanded with instructions to grant qualified immunity to each of the five officers. |
CORE TERMS: mask, spit, van, deliberate indifference, vomit, inmate, intoxicated, detainee's, detention center, transport, qualified immunity, favorable, cruiser, mouth, guards, nose, deliberately, cage, indifferent, bottom, adult, constitutional rights, inappropriate, station, prison, fluid, risks associated, prison guards, subjective, emergency
LexisNexis® Headnotes Hide Headnotes
Civil Procedure > Appeals > Appellate Jurisdiction > Collateral Order Doctrine
Civil Procedure > Appeals > Appellate Jurisdiction > Final Judgment Rule
Civil Rights Law > Immunity From Liability > Local Officials > Customs & Policies
| HN1 | Under 28 U.S.C.S. § 1291, the appellate court has jurisdiction to review final orders of district courts. Under the collateral order doctrine, a district court order is final, even if it does not terminate proceedings in the district court, so long as it conclusively determines the disputed question, resolves an important issue completely separate from the merits of the action, and would be effectively unreviewable on appeal from a final judgment. Because qualified immunity is an immunity from suit, and not merely an immunity from liability, it is effectively lost if a case is erroneously permitted to go to trial. Accordingly, a district court's order denying a defendant's claim of qualified immunity is a qualifying order under the collateral order doctrine and thus is reviewable immediately. |
LOUISE REDDITT, Plaintiff - Appellant, versus COMMONWEALTH OF
No. 05-1912
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
158 Fed. Appx. 491; 2005 U.S. App. LEXIS 28845
December 22, 2005, Submitted
December 28, 2005, Decided
NOTICE: [**1] RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
SUBSEQUENT HISTORY: US Supreme Court certiorari denied by Redditt v. Virginia, 2006 U.S. LEXIS 6475 (U.S., Oct. 2, 2006)
PRIOR HISTORY: Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-05-800-1-JCC).
DISPOSITION: AFFIRMED.
JOHN DOE, Plaintiff-Appellee, v. GARRETT G. BRODERICK, Defendant
No. 99-1893, No. 99-1894
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
225 F.3d 440; 2000 U.S. App. LEXIS 22165
January 25, 2000, Argued
August 29, 2000, Decided
PRIOR HISTORY: [**1] Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan Jr., Senior District Judge. (CA-98-1722-A).
DISPOSITION: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
| PROCEDURAL POSTURE: Defendant detective appealed from a judgment of the United States District Court for the Eastern District of Virginia, at Alexandria, denying defendant qualified immunity at the summary judgment stage, in plaintiff's 42 U.S.C.S. § 1983 action for violation of his rights under U.S. Const. amend. IV. |
| OVERVIEW: Plaintiff filed suit against defendant detective under 42 U.S.C.S. § 1983, alleging that defendant violated his rights under U.S. Const. amend. IV and under federal statutory law when defendant, without probable cause, entered the file room of a substance abuse treatment clinic and searched plaintiff's confidential treatment records along with numerous other patients' records. |
LORENE WILLIAMS, Plaintiff - Appellant, versus D. E. VORBAU, Fairfax County Police Officer Badge Number 2245
No. 99-2429
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
211 F.3d 1267; 2000 U.S. App. LEXIS 7742
March 28, 2000, Submitted
April 25, 2000, Decided
NOTICE: [*1] RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-98-1063-A).
DISPOSITION: AFFIRMED.
COUNSEL: Lorene Williams, Appellant Pro Se.
Edward Everett Rose, III, COUNTY ATTORNEY'S OFFICE, Fairfax, Virginia, for Appellees.
JUDGES: Before WIDENER, MICHAEL, and KING, Circuit Judges.
No. 94-1218
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
1995 U.S. App. LEXIS 70
November 1, 1994, Argued
January 4, 1995, Decided
more.............
No. 94-1700
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
43 F.3d 1467; 1994 U.S. App. LEXIS 40044
October 18, 1994, Submitted
November 10, 1994, Decided
NOTICE: [*1] RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-94-268-A).
Reported in Full-Text Format at: 1994 U.S. App. LEXIS 31393.
excessive use of force
No. 91-1253
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
1993 U.S. App. LEXIS 4651
February 4, 1993, Argued
March 9, 1993, Decided
NOTICE: [*1] RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, T. S. Ellis, III, District Judges. (CA-91-585-A)
DISPOSITION: AFFIRMED.
| PROCEDURAL POSTURE: Plaintiff arrestee appealed from an order of the United States District Court for the Eastern District of Virginia, which entered judgment in favor of defendant police officer in the arrestee's 42 U.S.C.S. § 1983 (1988) claim based on excessive use of force. |
how much more of these idiots can we afford?
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Again, fire the chief, how much more can we afford
No. 86-7505
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
790 F.2d 889; 1986 U.S. App. LEXIS 18849
May 21, 1986
NOTICE: [*1] UNPUBLISHED OPINION]
PRIOR HISTORY: Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk.
COUNSEL: Mitchell A. Snitkoff, Appellant Pro Se.
Peter D. Andreoli, Jr., Assistant County Attorney, for Appellee.
OPINION
AFFIRMED
another murder rap for the cops
No. 80-1427
UNITED STATES COURT OF APPEALS, FOURTH CIRCUIT
672 F.2d 403; 1982 U.S. App. LEXIS 21303
November 3, 1981, Argued
March 3, 1982, Decided
PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. J. Calvitt Clarke, Jr., District Judge.
| PROCEDURAL POSTURE: Appellant, administratrix of the estate of her deceased son, challenged a judgment from the United States District Court for the Eastern District of Virginia, at Alexandria, which held that police officers, who had mistakenly shot her son, |
Yet they won't fire the chief of police
Dove v. Boseman, Haugan, and Fairfax County Police Department
Case No. (Law) 93845
CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA
27 Va. Cir. 55; 1991 Va. Cir. LEXIS 357
December 30, 1991
CASE SUMMARY
PROCEDURAL POSTURE: Defendants filed demurrers and pleas in bar to one of the counts in plaintiff's motion for judgment.
OVERVIEW: Plaintiff filed an action against defendants and the police department. One count alleged that, under color of law, defendants had violated plaintiff's constitutional rights under the Fifth, Fourteenth, and Eighth Amendments
and yet our elected officials won't replace the chief of police
Dennis Ray Kidd, Appellant, v. Robert O'Neil; Mike Lomonaco; Fairfax County Police Dept., Appellees
No. 83-6556
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
774 F.2d 1252; 1985 U.S. App. LEXIS 23719
July 13, 1984, Argued
September 23, 1985
PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., District Judge.
CASE SUMMARY
PROCEDURAL POSTURE: Plaintiff suspect appealed an order of the United States District Court for the Eastern District of Virginia, which
OVERVIEW: Defendant police officers used considerable force during their arrest of plaintiff suspect
dismissed his excessive force claim brought under 42 U.S.C.S. § 1983.
No. 83-6556
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
774 F.2d 1252; 1985 U.S. App. LEXIS 23719
July 13, 1984, Argued
September 23, 1985
PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., District Judge.
CASE SUMMARY
PROCEDURAL POSTURE: Plaintiff suspect appealed an order of the United States District Court for the Eastern District of Virginia, which
OVERVIEW: Defendant police officers used considerable force during their arrest of plaintiff suspect
dismissed his excessive force claim brought under 42 U.S.C.S. § 1983.
Fairfax County to consider Gay marriage ...........
in an unrelated story, older cops are trying to save 'Just because I have this stash doesn't mean I'm Gay look" among younger cops who are opting for the "Nazi-haircut-because-I'm-still-angry-at-my-father-and-want-to-get-his-attention" look
punks
Timmy Hall's Funeral Procession Interrupted By Fairfax County Police
FAIRFAX COUNTY, Va. (WUSA) -- Fifty-three-year-old Timmy Hall was being laid to rest Thursday when the hundreds of mourners in his funeral procession were pulled over by Fairfax County police. Timmy Hall lost his life in a motorcycle crash a week ago.
Not only did police pull over the entire funeral procession, according to numerous witnesses, they threatened to use a taser on the dead man's brother.
What began as a funeral procession along the Fairfax County Parkway to honor 53-year-old Timmy Hall spiraled into a confrontation between Fairfax County Police and the bikers who were mourning his death.
"They showed him no respect. I don't think any family during this time should have to go through what we went through yesterday," said sister Teena Hunter.
With lights and sirens, the family says police pulled over the hearse and the rest of the procession, threatening to arrest some mourners.
Sister Bonnie Boyer told 9NEWS NOW, "They worked very hard to give Timmy a send-off showing their love. And to have this happen is an insult."
Timmy's brother, Rusty, admits he was exasperated and was blunt with police.
"I looked at one officer. I said, 'Thank you for pissing on my brother's funeral.' And then another officer pulled up. I said to him, 'Thank you for pissing on my brother's funeral.' He goes, 'Have you got a problem?' I said, 'I'm upset, this is wrong,'" said Rusty Hall.
Rusty Hall says he turned to walk away.
"My two nephews came up from behind and said 'stop, stop, don't do it!' And I looked back over my shoulder and the officer pulled a taser," said Hall. "Was getting ready to tase me, as I was walking away."
Many of the mourners believe they were singled out because they were riding motorcycles. Fairfax County Police dispute that.
"If there were 250 cars at that funeral, there would have been no problem whatsoever. There was 250 motorcycles. Most blatant abuse of profiling and power play I ever saw in my life. I couldn't believe it when I was watching it," stated Joe Long, a friend.
"My father deserved better than that. He was a great man to a lot of people. And to have this happen to him on this day of all days, it's just unexcusable," said Michael Hall, Timmy Hall's son.
Fairfax County Police now say they are investigating this incident. Timmy Hall's family and friends want a public apology.
A Fairfax County Police spokeswoman calls the incident a "misunderstanding" that began when the funeral procession left earlier than anticipated. That, she said, led it to being pulled over because the police escorts did not have time to get in position.
FAIRFAX COUNTY, Va. (WUSA) -- Fifty-three-year-old Timmy Hall was being laid to rest Thursday when the hundreds of mourners in his funeral procession were pulled over by Fairfax County police. Timmy Hall lost his life in a motorcycle crash a week ago.
Not only did police pull over the entire funeral procession, according to numerous witnesses, they threatened to use a taser on the dead man's brother.
What began as a funeral procession along the Fairfax County Parkway to honor 53-year-old Timmy Hall spiraled into a confrontation between Fairfax County Police and the bikers who were mourning his death.
"They showed him no respect. I don't think any family during this time should have to go through what we went through yesterday," said sister Teena Hunter.
With lights and sirens, the family says police pulled over the hearse and the rest of the procession, threatening to arrest some mourners.
Sister Bonnie Boyer told 9NEWS NOW, "They worked very hard to give Timmy a send-off showing their love. And to have this happen is an insult."
Timmy's brother, Rusty, admits he was exasperated and was blunt with police.
"I looked at one officer. I said, 'Thank you for pissing on my brother's funeral.' And then another officer pulled up. I said to him, 'Thank you for pissing on my brother's funeral.' He goes, 'Have you got a problem?' I said, 'I'm upset, this is wrong,'" said Rusty Hall.
Rusty Hall says he turned to walk away.
"My two nephews came up from behind and said 'stop, stop, don't do it!' And I looked back over my shoulder and the officer pulled a taser," said Hall. "Was getting ready to tase me, as I was walking away."
Many of the mourners believe they were singled out because they were riding motorcycles. Fairfax County Police dispute that.
"If there were 250 cars at that funeral, there would have been no problem whatsoever. There was 250 motorcycles. Most blatant abuse of profiling and power play I ever saw in my life. I couldn't believe it when I was watching it," stated Joe Long, a friend.
"My father deserved better than that. He was a great man to a lot of people. And to have this happen to him on this day of all days, it's just unexcusable," said Michael Hall, Timmy Hall's son.
Fairfax County Police now say they are investigating this incident. Timmy Hall's family and friends want a public apology.
A Fairfax County Police spokeswoman calls the incident a "misunderstanding" that began when the funeral procession left earlier than anticipated. That, she said, led it to being pulled over because the police escorts did not have time to get in position.
Idiots at work
· At least 8 Chicago IL police officers are under investigation after they allegedly jumped a liquor store owner when they mistook him for a burglar, let them go without charges, then attacked him and his brother on video when his brother told them he was going to file a complaint and that the incident was caught on video. [3] bit.ly/qaSFQ2
· New York NY (Bronx) cop sentenced to probation for beating a pedestrian in the face with a baton after he hit him with his cruiser in an on-duty road rage incident [0] bit.ly/nEUcgA
· Houston TX cop who is also facing another lawsuit has been suspended 20 days for clubbing an ex-NBA star in the back of the head with a nightstick at a store but, despite suspending him for it, the city still insists he did nothing wrong, since he’s facing a lawsuit. [1] bit.ly/prh6KF
· A Fullerton CA police officer who is also involved in the brutal death of Kelly Thomas is now a part of a lawsuit over an earlier incident where he attacked a man videotaping the violent arrest of his friend. [5] bit.ly/p4QKiZ Interestingly, the city’s defense is that the officers did tackle, arrest, and aggressively tried to convict him, but claim it was a mistake because they really thought he was someone that they claim jumped on an officer’s back… which appears to be an attempt to get the suit tossed through qualified immunity. lat.ms/rkrcCX
· Russell Co AL sheriff’s detective pled guilty to assaulting cuffed man in custody. Another deputy is still facing trial [0] 1.usa.gov/rsvdJo
· US DHS sued by ACLU & others for policy allowing immigration detainees to be shackled 12hrs a day when at court [0] bit.ly/oZbdHz
· Wheeler WI police chief pleads insanity to 14 felony sex charges for allegedly showing porn to 2 teen boys he arrested for breaking into a church then molesting them. This is a strange one because I can’t recall recorded a report yet in the 2+ years we’ve been operating where an officer pled insanity to any charge. [0] bit.ly/rps2aM
· Long Beach CA police youth services detective sentenced to 2yrs for his sexual relationship with a 15yr-old female relative [0] bit.ly/qZYRed
· St Ann MO reserve cop fired after admitting to sexually abusing female detainee he was guarding, a grand jury is still determining what charges he’ll face. [0] bit.ly/nL5bIh
· Worth Co MO sheriff pleads guilty to violating the civil rights of 8 women that he forced to expose themselves under color of law then photographed them. [0] bit.ly/o11txT
· Glendale AZ cop resigned in Apr over allegations he molested & sent sexual txts to underage girls at a high school he worked at while off duty. County prosecutors are, months later, still trying to figure out if they want to charge him or not. [1] bit.ly/pUnxvf
· Houston TX cop suspended while investigated for allegedly molesting a cuffed detainee then sending her explicit pics and text messages. [1] bit.ly/p9igAy
· Philadelphia PA cop to face charges for allegedly sexually assaulting a woman in his cruiser after offering her a ride at a bus stop. [1] bit.ly/r8k0SN
· Westville NJ police sued by woman alleging she was ordered to urinate on a holding cell floor in front of others [3] bit.ly/pw9dWj
· 36 New York NY cops alleged to be subject of internal probes into perjury allegations including false arrests [2] bit.ly/oH6y2E
· New York NY police detective arrested for allegedly using police equipment to rob cigarette smugglers in fake raid [0] nyp.st/q7qYM6
· Niagara Regional ON police rebuked by judge staying case in largest Niagara pot bust over alleged police misconduct [2] bit.ly/r7G88P
· Bernalillo Co NM deputy arrested on agg assault w/deadly weapon charge in alleged road rage incident outside school [0] bit.ly/nuK9TH
· Logan Co OH sheriff fires ex-Bellefontaine OH chief he hired after report found he lied during triple-murder case [0] http://t.co/whIbhcK
· Grant Co IN deputy arrested on 6 counts felony theft after probe into allegations he stole money from a company he co-owned. [0] bit.ly/ocf8lc
· Sneedville TN police chief sentenced to 4mo after pleading to charges for giving 14yr-old girl pot from evidence, I think there might have been more to it than this though. [0] bit.ly/oaghfo
· Albuquerque NM cop arrested on bribery charge for allegedly helping escort beat criminal charge in exchange for sex [0] bit.ly/oXL9E3
· Port Arthur TX cop resigns while under investigation for theft, allegedly wrote checks on a closed account [0] bit.ly/p5ZncQ
· 2 Cape Brenton NS regional constables charged w/obstruction and breach of public trust in unspecified incident [3] bit.ly/qucHUm
· University at Buffalo NY police officer cited for disorderly conduct at concert in unspecified incident [2] bit.ly/p9DBiI
· Chillicothe IL police chief suspended after arrested on drunk driving charges when stopped over trailer w/o lights [0] bit.ly/owcVqK
· US Secret Service agent arrested on drunk driving charge in Iowa ahead of scheduled presidential visit [0] bit.ly/oYWlXa
· Baltimore MD cop sentenced to 17yrs prison on manslaughter and firearm violation charges for shooting an unarmed Iraq war vet to death outside a nightclub while drunk because he pinched a woman’s butt that he was with. [0] bit.ly/rcAoYm
· Norfolk VA police are being sued by the wife of a police recruit who died after receiving several blows to the head during police self-defense training [0] bit.ly/qRHiFU
· 2 Ottawa ON cops are under investigation after a woman who called police to help a man she found asleep on the sidewalk accused them of using excessive force on that 50-year-old homeless man when they slammed him face-first onto the pavement without cause, resulting in facial fractures. She also claims the police tried to cover it up. [3] bit.ly/qHT3PW
· Athena OR cop was sentenced to 115 months, almost 10 years, for child pornography & sexual crimes against a 15yr-old girl [0] bit.ly/qWXd94
· Oklahoma State trooper was charged with 2nd degree rape of a woman he pulled over for DUI while on-duty [0] bit.ly/n5cIH2
· Hartford CT police sued by man shown on video being beaten into unconsciousness by 2 cops in holding cell as 2 supervisors ignored it [0] cour.at/qjzK5r
· Topeka KS settles suit for $300k to 2 brothers shot by 4 off-duty cops at their home during an altercation over noise [0] bit.ly/pOuiWU
· Meriden CT now faces a 3rd lawsuit alleging brutality by the police chief’s son and a subsequent cover-up by the department [3] bit.ly/nreURi
· Spartanburg County SC deputy resigns while under investigation for allegedly punching & choking a cuffed man over an insult [0] bit.ly/r1Jgbz
· Baltimore MD settles suit for $30k to man claiming a cop beat him after he called police to report domestic abuse [3] bit.ly/o7Y12Q
· Kern Co CA reserve deputy arrested on attempted murder & spousal abuse charges involving his 60yr-old wife whom he allegedly strangled into unconsciousness multiple times during a domestic dispute [0] bit.ly/qpdAcg
· Denver CO settled a suit by the ACLU for $200k and promised reforms involving mass arrests during the 2008 Democratic National Convention. Those police actions are forever seared in our brains thanks to a shirt subsequently sold by the police union to celebrate how they handled the protests. [0] http://bit.ly/mXGZXD
· Albuquerque NM cop fired & another suspended for violating policies involving what they were doing at the scene of where a fellow cop was accused of murdering his wife and making it look like suicide [1] bit.ly/qJRAdP
· Chicago IL cop pleads guilty to felony bribery charge as part of fed probe into a towing extortion scheme, he’s the 6th to plea so far [0] trib.in/pNBMPY
· Spencer NC police sued by cop claiming negligence in the hiring of a cop who shot him multiple times w/automatic pellet gun. That cop was hired despite having to resign in lieu of firing from another agency and who only received a reprimand over the incident. However, it does sound like the plaintiff in this case might be exaggerating his injuries just a tiny bit. [0] http://t.co/q5gydBj
· Chula Vista CA cop gets probation for guilty plea to DUI and “capping” charges when he was stopped after caught cheating at a casino blackjack table [0] bit.ly/oQamen
· Cook Co IL deputy may still be fired after judge’s surprising acquital for videotaped incident where a detainee suffered significant facial injuries when the deputy yanked on his shackle chains sending him face-first to the floor. Even the sheriff expressed surprise at the verdict but says it hasn’t changed his opinion that the deputy should be fired. [0] http://t.co/izwH2Up
· Covington LA forced by a judge to rehire a cop fired for his role in an excessive force case where he was accused of lying to cover for his fellow officer. The judge’s decision came on a second appeal after a review board upheld the decision to fire him [0] bit.ly/pU0GDx
· Elk Grove CA police are being sued by a man who was cuffed in the backseat of a cruiser after he was already searched when he was shot in face by a cop armed with a rifle. The police claim they thought he was reaching for a gun. [2] bit.ly/opHsrR
· Harrison Co MS deputy who worked as a school resource officer pleads guilty to sexual exploitation of child where he was charged with sexually battering a baby sitter [0] bit.ly/qMoTEp
· Atlanta GA police training oversights may have resulted in up to 200 cops being uncertified for decades, which would result in thousands of case, some up to 20 years old, being overturned as the result of an unlawful arrest by an uncertified officer. [0] bit.ly/o0J3lg
· Lumpkin Co GA sheriff & deputy found liable for $58k damages in suit by man arrested after warrantless search [1] is.gd/Kgq0cc
· Corinth MS cop sentenced to 46mo prison for robbing motorists during fake traffic stops [0] bit.ly/q2Sr9X
· Bainbridge GA cop sentenced to probation in plea deal to violation of oath & obstruction for string of 3 burglaries [0] bit.ly/oIcxVH
· Oregon State trooper jailed after SWAT standoff triggered when he fired a shot as cops responded to a 911 call by a friend expressing concern about his depression. [0] bit.ly/plv0bu
· 3 West Virginia troopers sued by woman claiming they violwrongfully arrested her for flipping them off in court [2] bit.ly/roQy6k
· Dallas TX off-duty cop investigated for allegedly hitting security guard in face w/pistol while chasing suspect [3] dallasne.ws/qMe6yR
· Prince George’s Co MD cop charged w/felony assault for allegedly pulling gun on other woman in argument over keys [0] bit.ly/qNT6Ca
· Renton WA police demote 2 cops for the first of 9 cartoons that made fun of the department after dropping a highly controversial cyberstalking warrant in an attempt to find the author. They don’t know who made the others yet. [2] bit.ly/oeagk3
· Tallahassee FL cop sentenced to 15days jail after convicted on misd battery charge in unspecified case, he was fired a few months ago [1] bit.ly/oAy1pk
· Charlotte-Mecklenburg NC cop suspended while investigated for domestic violence for the 2nd time in her career [0] bit.ly/n6nPXi
· Louisville KY cop pleads guilty to bankruptcy fraud charge after altering judge’s order to let him get more credit [0] bit.ly/nJ1M0n
· Blountstown FL cop fired after admitting to being addicted to meth when confronted with allegations of drug use [0] bit.ly/nEhd0z
· Manchester OH cop investigated after deputies bust underage drinking party at his home, other cops allegedly there [1] bit.ly/pvutGW
· Highlands County FL is being sued by an 81yr-old man claiming a deputy used excessive force by throwing him onto his cruiser and fasely arrested him. The ending quote from the sheriff is a gem. [3] bit.ly/nVMPXw
· The Canadian Border Service apparently strip searched a 66-year-old woman from the US and the RCMP detained her for 12 days after a field drug test yielded a false positive on an oil bottle in her car. The police are also accused of taking their time verifying the results from the unreliable test. [0] http://t.co/AvOlFmZ
· Kentucky State trooper who now works for the US DHS is being sued by a man & his son claiming the trooper broke down their door, threatened them at gunpoint, then falsely arrested them because they called 911 after the trooper’s wife hit their car while she was driving under the influence. [5] ow.ly/1vIAo8
· Orange County FL deputies are accused of raiding & ransacking the wrong home before they raided the right home next door, which resulted in the fatal shooting of the warrant’s subject. [3] bit.ly/oRh2hH
· Muskogee Co OK deputy arrested on multiple charges for allegedly firing her service weapon during an off-duty domestic argument while drunk. The man she was with was also arrested as well though. [0] bit.ly/oxIYAI
· Metcalfe Co KY deputy pled guilty to multiple charges for stalking, harassing & assaulting a woman in dispatch center that he used to have a relationship with. [0] ow.ly/1vILcL
· Lawrence MA cop is still on paid leave 6 mo after his DV conviction despite the police chief recommending termination. [0] ow.ly/1vIK6Q
· Florida police unions boast about 80% success rate using arbitrators to force law enforcement agencies to rehire of cops fired for misconduct [0] bit.ly/nK5frr
· US Border Patrol officer sentenced to 1mo home det & anger mgmnt for threatening to kill BC teen in road rage case [0] ow.ly/1vInkp
· San Jose CA police sued by biker club claiming police are profiling them for “driving while biker” [0] bit.ly/nx1rWQ
· Williamston SC police chief resigns over racist jokes & images posted on his Facebook page [0] ow.ly/1vICy1
· Indiana State trooper pleads to releasing a female DUI suspect who failed a breathalyzer test and destroying the test results. The investigation also found he downloaded pics from her Facebook page. [0] ow.ly/1vIB4i
· Louisiana DPS officer suspended 100hrs for pics of him having sex on duty in patrol car found on the cruiser laptop [0] ow.ly/1vHR6R
· Sandwich MA cop disciplined for hit&run crash now investigated for alleged harassing txt msgs to fellow cop [1] ow.ly/1vHOKS
· Pima County AZ sheriff’s dept & members of a regional swat team are being sued by the family of an ex-marine who was shot to death during a questionable raid that turned up nothing. [0] http://t.co/WO0RVUQ
· Texas Alcohol Beverage Commission agent was sentenced to 20 years prison for sexually assaulting a 16-year-old girl who was helping with a sting operation targeting alcohol sales to minors. The sentence is to be served concurrently to a 10yr sentence for soliciting a minor. [0] ow.ly/1vGltC
· BART CA police have admitted to blocking cellular phone signals in an attempt to prevent rumored police brutality protests. Police cite public safety concerns as justification for the action which appears to violate constitutional free speech protections and put the public at risk for those who may have needed to call 911 during the outages. [0] ow.ly/1vFV9v
· Whitman MA police have charged a man with felony wiretapping for recording a cop during a traffic stop over tinted license plates after he went to complain about how he was treated and told police he recorded it. The officer wasn’t investigated. [5] ow.ly/1vFUdt
· A study claims that Oakland CA cops pulled gun without justification on people who were not posing a threat at at the time in at least 28% of the cases were firearms were pulled. [0] ow.ly/1vFSbA
· 5 Kansas City KS cops are suing their own dept claiming the chief and other commanders illegally detained them at gunpoint after a sting operation that targeted swat teams suspected of stealing during raids. They were not among the officers who were eventually charged afterward. [0] ow.ly/1vGoN6
· Brookline NH police are accused of failing to investigate a domestic violence incident involving the police chief’s son [1] ow.ly/1vGm0n
· Hamlin TX police officer jailed on unspecified charge, rumored to be harassment, after fired for tasering friend on video. [1] ow.ly/1vGg0z
· Redmond OR police lieutenant pleads guilty to charges for stealing guns & ammo from his department and selling them for personal gain [0] http://ow.ly/1vFbpP
· Sonshohocken PA police sgt gets probation in guilty plea to stealing money from parking meter collections [0] ow.ly/1vF0Mv
· Goshen County WY sheriff’s dept says they’ve been receiving complaints by officers from other agencies because their deputies arrested and cited two Aurora CO cops for drunk driving & littering while they were driving a cop car on the way to a police funeral in South Dakota. This is not a case against Goshen County, but I do wish we could find out what agencies the officers who are complaining are from and add those to the database. [0] ow.ly/1vFS2n
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