Latest news with #qualifiedimmunity
The Guardian
2 days ago
- The Guardian
Woman sues Atlanta officer for allegedly leaving her topless in squad car
A woman has sued an Atlanta police officer for allegedly leaving her breasts exposed while taking her from her house to a squad car – where she sat several hours, topless, while officers stopped and looked at her, with one masked officer opening the car door to take a photo. The incident took place during a pre-dawn, Swat-style raid staged by Atlanta police and agents from the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (or ATF), on 8 February 2024. The agents sought evidence related to the arson of police motorcycles and cars, carried out in opposition to a controversial police training center known as 'Cop City', which has attracted local, national and internet media attention. The raid – including the woman's experience of being left topless for hours – was reported on by the Guardian at the time. The lawsuit, filed 23 May by Atlanta-area attorneys Jeff Filipovits and Wingo F Smith, asserts that the woman's fourth amendment rights protecting her against unreasonable seizure were violated during the raid and draws on details laid out in the Guardian's story. The federal complaint is important as a test of the police's ongoing claims of qualified immunity nationwide – the 'only thing that stands between the government and people seeking to vindicate their constitutional rights', said Patrick Jaicomo, senior attorney at the Institute for Justice, where he works on the public interest law firm's 'project on immunity and accountability'. An Atlanta police spokesperson said it doesn't comment on pending litigation. The lawsuit names Amy Smith as plaintiff; Atlanta police officer Frances Raymonville-Watson is named as defendant, as she 'held Ms Smith in custody, unclothed and for hours for no purpose other than to embarrass and humiliate her'. Smith told the Guardian anonymously last year: 'They grabbed me, led me outside and handcuffed me – leaving me completely uncovered.' Officers put her in a squad car, where she remained for 'what seemed like hours', she said at the time. 'While Ms Smith was topless in the back of the squad car, an unknown male officer wearing a face covering opened the rear door of the squad car and took Ms Smith's picture,' the lawsuit alleges. 'While Ms. Smith's chest was uncovered, several officers came and went from the squad car, looking in at her through the window,' it continues. 'The security of the scene and the officers conducting the search did not require plaintiff to be held with exposed breasts,' the lawsuit concludes. Ms. Smith was eventually released. The February 2024 raids followed a publicity campaign lasting several months, including a $200,000 reward for information leading to arrests for arson and 450 billboards promoting the reward in New York, Seattle and other cities. The controversial training center – which officially opened its doors in an invitation-only ceremony in April – attracted global headlines after police shot dead Manuel Paez Terán, or 'Tortuguita', an environmental activist protesting against the project, in January 2023. Opposition to the training center, built on a 171-acre footprint in a forest south-east of Atlanta, has included local and national organizations and protesters, centered on concerns such as unchecked police militarization and clearing forests in an era of climate crisis. Atlanta police officials say the center is needed for 'world-class' training, and to attract new officers. Jaicomo said police raid people's homes across the country every day at hours when they are likely to find people partially clothed or naked, making the incident described in the lawsuit an important one. He pointed to a 2015 eleventh Circuit case out of Georgia affirming a district court finding of 'a broad, clearly established principle that individuals who have been placed in police custody have a constitutional right to bodily privacy'. The Atlanta lawsuit is meaningful, Jaicomo asserted, because 'any case where you have the opportunity to overcome qualified immunity has the potential to set a precedent'. Meanwhile, he said, the 'traumatic experience will stick with her for the rest of her life', referring to Smith. He called the incident an example of 'police doing things to humiliate and punish people' – and of 'the constitutional transgressions taking place thousands of times daily that, if left unaddressed, the government will use more frequently'.
Yahoo
29-05-2025
- General
- Yahoo
Judge rules former Rusk Co. deputy as not eligible for qualified immunity in civil lawsuit
TYLER, Texas (KETK) — The family of a man who died in an incident with a former Rusk County Sheriff's deputy is seeing their case proceed to trial after a judge confirms the deputy is not eligible for qualified immunity. Longview PD identifies man arrested for officer-involved shooting Timothy Michael Randall was fatally shot during a traffic stop three years ago. In January, Federal Magistrate Judge John D. Love recommended that former Rusk County Deputy Shane Iversen's qualified immunity be denied. Qualified immunity shields government and peace officers from personal liability in a civil lawsuit. Months later, U.S. District Judge Jeremy Kernodle confirmed the recommendation, denying Iversen any immunity. The civil lawsuit, Wendy Tippit versus Sergeant Shane Iversen, stems from Randall's death. 'He didn't pull anything out, and then he immediately threw Mr. Randall to the ground,' the Randall family attorney Joseph Oxman said. 'Why? There is absolutely no reason he escalated this situation.' Iversen claimed it was self-defense in a videotaped deposition from 2022. 'I saw him reaching into his waistband, which at that point in time turned this into a dangerous situation,' Iversen said. 17-year-old arrested after killing college basketball player in Camp County shooting, officials say Iversen was not charged with a crime after a decision from a grand jury. Randall's mother said in an interview with NBC News earlier this year, all she wants is accountability for her son's death. 'My son's life mattered,' the Mother of Timothy Randall, Wendy Tippitt, said. 'Mattered to me, mattered to his brother, mattered to his family and so many friends.' The next court proceeding will happen in June to discuss a start date for the trial. In a statement from the attorney representing 'Iversen,' Robert S. Davis said, 'the ruling allows the case to proceed past the summary judgment stage and does not determine liability. We appreciate the courts' work analyzing the legal and factual aspects and respect their decision to leave the facts of this case for a jury to decide.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Independent
21-05-2025
- The Independent
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably. Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot. 'Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,' U.S. District Court Judge Matthew Garcia said in a written court opinion. The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
Associated Press
21-05-2025
- Associated Press
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably. Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot. 'Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,' U.S. District Court Judge Matthew Garcia said in a written court opinion. The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
