Henry v. Purnell A deputy who mistook his pistol for a Taser can be sued for shooting an unarmed, fleeing suspect; on rehearing, the en banc 4th Circuit says a jury could find that the deputy’s mistake was “objectively unreasonable” because he should have realized he had grabbed a .40 caliber Glock handgun and there was no threat from the man he was chasing for failure to pay child support.Read More »
Sumter County School Dist. 17 v. Heffernan A school district failed to provide an autistic student with a free and appropriate public education under the Individuals with Disabilities Education Act, because it did not comply with his Individual Education Plan's direction that he receive at least 15 hours per week of applied behavioral analysis therapy; the 4th Circuit upholds the decision in favor of the student's parents, who withdrew him from public school in order to educate him at home.
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Crosby v. City of Gastonia. (Lawyers Weekly No. 11-01-0326, 20 pp.) (King, J.) No. 10-1153, March 10, 2011; USDC at Charlotte (Conrad, J.) 4th Cir. Click here for the full text of the opinion. Holding: Former city police officers do ...Read More »
Civil Rights – 42 U.S.C. § 1983 – Malicious Prosecution – Probable Cause – Theft of Dog of Dog – Conspiracy – Family Relationship
Lewis v. Jordon. (Lawyers Weekly No. 11-03-1011, 12 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Even though plaintiff alleged that defendants arrested plaintiff for larceny of a dog without probable cause, defendants submitted affidavits to support their allegations that plaintiff’s ...Read More »