States Can Provide Their Own Civil Remedies for Police Abuse
They need not wait for the Supreme Court or Congress to restrict or abolish qualified immunity.
Fourth Amendment
A New Report Shows Elijah McClain Was Killed by a Cascade of Constitutional Violations
An independent panel concludes there was no legal justification for stopping, frisking, arresting, or assaulting McClain.
Merrick Garland's Worrying Record on Criminal Justice Reform
What to expect from Joe Biden’s pick for attorney general.
New Mexico Could Be the Third State To Authorize Lawsuits Against Abusive Cops Without Qualified Immunity
A bill approved by the state House would let people sue government officials for violating rights protected by the state constitution.
5th Circuit Grants Qualified Immunity to Cops Who Ignited a Suicidal, Gasoline-Drenched Man by Tasing Him
The appeals court concluded that the officers' use of force was reasonable in the circumstances.
Sotomayor Invokes Scalia on Fourth Amendment Protections
Does the Fourth Amendment right to be free from unreasonable seizures include the right to be free from an unreasonable attempted seizure?
Derek Chauvin May Get a Sentence Much Shorter Than the One William Barr Thought Would Be Seen As Too Lenient
The former attorney general reportedly nixed a plea deal that involved a sentence of more than 10 years but would have precluded a federal prosecution.
An Unconstitutional Arrest for Refusing To Show ID to the Cops
Fourth Amendment advocates prevail in Wingate v. Fulford.
Thanks to Colorado's Reforms, Cops Who Forced Children To Lie on the Pavement at Gunpoint Might Be Held Accountable
A state law eliminated qualified immunity as a defense for abusive officers.
SCOTUS To Decide if Cops Need More 'Elbow Room' To Conduct Certain Warrantless Home Searches
A new case tests the limits of the “community caretaking exception” to the Fourth Amendment.
Two Federal Lawsuits Say the Houston Police Department's Culture of Corruption and Impunity Killed an Innocent Couple
The families of Dennis Tuttle and Rhogena Nicholas say the city's policies and practices invited Fourth Amendment violations.
The Houston Cop Charged With Murdering Dennis Tuttle During a Disastrous Drug Raid Portrays His Victim As the Aggressor
After breaking into Tuttle's home with no legal justification, police killed his dog and his wife.
Prison Guards Who Forced Menstruating Visitor To Expose Vaginal and Anal Cavities Are Protected by Qualified Immunity
A federal court said it did not violate her Fourth Amendment rights.
Another Houston Cop Is Indicted for Murder Because of a 2019 Drug Raid That Killed a Middle-Aged Couple
So far a dozen narcotics officers have been charged as a result of the investigation triggered by the disastrous operation.
A New Report Casts Doubt on Both Fears and Hopes About the Consequences of Abolishing Qualified Immunity
A Connecticut law that made it easier to sue abusive cops is not expected to have a noticeable effect on municipal insurance costs.
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
2 More Cops Involved in Breonna Taylor's Death Receive Termination Letters
Louisville's police chief wants to fire an officer who shot Taylor and a detective who "lied" in the search warrant affidavit.
A Fourth Amendment Mistake the Supreme Court Should Fix
Don’t expand the “hot pursuit” exception to the Fourth Amendment.
Video Shows Chicago Police Humiliating Naked Woman During Wrong-Door Raid
Chicago went to court to try and block a local news station from airing the body camera footage.
What's Worse Than Pumpkin Spice? Cops Pulling People Over To Give Them Gift Cards
This holiday season, police should give citizens the gift of just leaving them in peace.
How to Beat Legalized Larceny
Government bullies empowered by civil forfeiture laws often back down, but only when their victims can afford a fight.
DEA to Return $43,000 It Seized From Tampa Woman at Airport
The DEA dropped its attempt to keep the money roughly two months after the woman joined a class-action lawsuit challenging cash seizures at airports.
SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason
According to the government, a law aimed at helping victims like King prevents him from holding his assailants accountable.
'Zero Accountability' for Cops Who Choked and Beat an Innocent Man
The federal government wants the Supreme Court to rule that the victim has no recourse.
Invoking Scalia, Sotomayor Presses for Broad Fourth Amendment Protections
The Supreme Court weighs police shootings and unreasonable seizures in Torres v. Madrid.
Utah Legislator: If You Don't Want to Be Attacked by Police Dogs, 'Stay Home'
The state legislature is considering reforms in response to the use of dogs against cooperative suspects.
Freed To Speak, Grand Juror Says Charges in Breonna Taylor's Death Were Never Considered, Let Alone Rejected
Kentucky Attorney General Daniel Cameron said "the grand jury agreed" that indicting the two officers who shot Taylor was inappropriate.
These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
A Month Before Louisville Drug Warriors Killed Breonna Taylor, They Knew the 'Suspicious Packages' She Supposedly Was Receiving Came From Amazon
The detective who obtained the search warrant cited the deliveries to falsely implicate Taylor in drug trafficking.
Nearly 2 Years After Houston Drug Warriors Killed Rhogena Nicholas, Her Family May Get a Chance To Find Out What Happened
Despite the city's stubborn resistance, a judge will finally consider the family's request to depose police supervisors.
Cop Who Fired 16 Rounds at Breonna Taylor Said He Only Surmised That He Had Used His Gun
Drug warriors gratuitously created the chaotic situation that state prosecutors say justified the use of deadly force.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
The Legal Response to Breonna Taylor's Death Shows How Drug Prohibition Transforms Murder Into Self-Defense
The hail of bullets that killed her can be justified only in a country that uses violence to enforce politicians' pharmacological prejudices.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
Louisville Will Pay $12 Million to Settle Lawsuit by Breonna Taylor's Family
The agreement also includes several reforms aimed at preventing reckless drug raids based on dubious evidence.
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
NSA Ruling Reminds Us That Sacrificing Civil Liberties in the Name of National Security Is a Bipartisan Impulse
A federal appeals court concludes that the agency's mass collection of phone records was illegal and probably unconstitutional.
After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency's Cash Grabs
The lawsuit argues that the DEA is violating the Fourth Amendment by seizing money from travelers without evidence of criminal activity.
Chicago Police Sued Again For Botched Raid, Pointing Guns At Grandma and Child
This is the 10th lawsuit in the past few years accusing Chicago police of terrorizing families because of sloppy, outdated search warrants.
More Than a Year Before Breonna Taylor's Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence
The overlap suggests a pattern of shoddy investigation and reckless paramilitary tactics in Louisville.
The Democrats Should Not Be Presenting Houston's Police Chief As an Avatar of Reform
Trying to distract attention from the deadly corruption in his own department, Art Acevedo demands "action at the national level."
Video: Key West Police Arrest and Try To Handcuff 8-Year-Old Child
His wrists were too small for the cuffs, though.
The Cops Took This Guy's Car Because He Unwittingly Rented It to an Alleged Drug Dealer
Like other innocent owners, Manni Munir finds that fighting a civil forfeiture can cost more than the property is worth.
Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division
The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their cases on lies.
Oregon Doesn't Get Injunction Against Certain Federal Enforcement Procedures
The State asked the court to impose "(1) a requirement that officers identify themselves and their agency before arresting or detaining any person; (2) a requirement that officers explain to any person being seized that he or she is being arrested or detained; and (3) an enjoinder against arrests that lack probable cause."
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Dallas Cops Who Joked About Pinning a Man to the Ground Until He Stopped Breathing Get Qualified Immunity
The decision vividly illustrates how the doctrine shields police from accountability for using excessive force.
