In U.S. v. Votrobek the appellants were convicted by a jury of conspiracy to distribute drugs, conspiracy to launder money and substantive charges of money laundering and maintaining a place for unlawful drug distribution. The charges arose from their operation of a pill mill, a term used to describe a…
Articles Posted in Constitution – Bill of Rights
No Fourth amendment violation for injuries resulting from the excessive force use of a flashbang
The issues in Dukes v Deaton were whether a police officer who threw a diversionary device known as a “flashbang” into a dark room occupied by two sleeping individuals without first visually inspecting the room is entitled to qualified immunity against a section 1983 lawsuit claiming excessive force and whether…
Limitations upheld in cross examining a cooperating witness about the sentencing guidelines
The appellants in U.S. v. Rushin were correctional officers at the Macon state Prison in Georgia who were charged and convicted of conspiracy to obstruct and obstruction of justice stemming from alleged abuses of prisoners and the subsequent cover ups while they were working as members of the Correctional Emergency…
Case dismissed for Speedy Trial Act violation but the defendant could still be prosecuted again
Ammar was convicted and sentenced to life following trial for robbery, conspiracy to commit robbery and using or carrying a firearm in relation to a crime of violence. In United States v. Ammar he challenged his conviction contending that the district court should have dismissed his indictment pursuant to…
The manner of seizure for a mental health evaluation violated the Plaintiff’s fourth amendment right
Phyllis May was involuntarily taken to a hospital police officer Tommy Allen of the City of Nahunta, Georgia Police Department for a mental health evaluation. She subsequently sued pursuant to 42 U.S.C. 1983 for an unlawful seizure in violation of the Fourth and Fourteenth Amendments. May took this appeal from…
Lawsuit against Douglas County Sheriff not barred by qualified immunity
In Bailey v. Wheeler, the court reviewed the district court’s decision denying the defendant, Wheeler, qualified immunity protection in a section 1983 action by Bailey. Here is how the facts unfold. Bailey, an officer for the City of Douglasville, Georgia, filed written complaint with his chief reporting that police…
Tasing a suspect while in handcuffs was excessive force in violation of the Fourth Amendment
In Wate v Kubler, a Civil Rights lawsuit for the wrongful death of Barnes, it began when Barnes went with his aunt to the Honeywell Island Beach in Pinellas County, Florida for a baptismal ritual in the water along the Beach. While in the water Barns began acting erratically…
No Fourth Amendment violation for deputies’ warrantless entry and search and seizure
Fish v. Brown involves a civil rights lawsuit against two Holmes County, Florida, deputy sheriffs for entering the plaintiff’s home without a warrant and for a search and search in violation of the Fourth Amendment. This is an appeal from the district court’s dismissal on the ground that the deputies were entitled to qualified…
Strip search of student found to be unconstitutionally excessive
In DH v. Clayton County School District, Defendant McDowell appealed the district court’s finding that as assistant principal his strip search of a minor student was a violation of clearly established constitutional law. McDowell, an assistant Principal at a public school in Georgia, conducted a strip search of a…
An arrest pursuant to a civil writ of bodily attachment for unpaid child support is equivalent to a warrant under the Fourth Amendment
In U.S. v Phillips the defendant challenged the arrest on a civil writ of bodily attachment for unpaid child support on the grounds of a violation of the Fourth Amendment. As a result to his stop and arrest police officer discovered he was in possession of a firearm at…