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Civil Rights

Civil Rights – Qualified Immunity – Unavailable – Police Officer – Fleeing Suspect – Failure to Pay Child Support – Grabbing Glock Instead of Taser (access required)

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.

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Civil Rights – Schools & School Boards – FAPE – Autistic Student – Home Program (access required)

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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Civil Rights – 42 U.S.C. § 1983 – Malicious Prosecution – Probable Cause – Theft of Dog of Dog – Conspiracy – Family Relationship (access required)

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 ...

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