Showing posts with label Qualified Immunity. Show all posts
Showing posts with label Qualified Immunity. Show all posts

Tuesday, September 8, 2026

Your Government Sent a SWAT Team to Blow Up the Wrong House Over a Parked Car

At about 1:00 a.m. on April 10, 2024, more than a dozen Lee and Pender County sheriff's deputies stormed the Willard, North Carolina home of Alisa Carr and Avery Marshall while the couple and their 9- and 16-year-old children slept. Officers shattered a glass door, barged through others, shouted profanities, detonated flashbang grenades inside the house, and pointed military-grade firearms at every member of the family, reinjuring Avery's recently operated-on back and triggering heart palpitations in Alisa. They were hunting Joseph Clark Jr., a suspect accused of breaking into cars and stealing property from them — investigators had connected Clark's cellphone to the general area near the home, and officers spotted a Nissan parked outside that they assumed belonged to him. According to court filings, that Nissan was a different model, roughly a decade older, carried a different VIN and license plate, and was registered to Alisa Carr herself — not the suspect, who was never at the house and was never found there. Officers kept searching anyway even after one was recorded saying "that ain't the car." Carr and Marshall sued with the Institute for Justice, and on August 6, 2026, a federal judge denied qualified immunity to both the detective who swore false information to obtain the warrant and the officers who executed the raid, ruling they violated knock-and-announce requirements by breaching the home less than a minute after arriving. The case can now proceed toward trial.

Generated by ChatGPT

Commentary: More than a dozen officers with military gear terrorized two sleeping children over a parked car that didn't even match the suspect's — wrong make, wrong model, wrong decade, wrong owner — and one of them said so out loud before they kept tearing the house apart anyway.

Source: https://www.wect.com/2026/08/07/lawsuit-over-wrong-house-raid-willard-survives-dismissal-federal-judge-rules/

AI disclosure: ⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked article and corroborating sources.

Wednesday, September 2, 2026

Your Government Sent an Armed Coward to Kill a Baby Donkey for Saying Hello

Around 12:45 a.m. on August 30, 2026, a Cedartown, Georgia police officer assisting Polk County police in a search for a missing 12-year-old entered the pasture at Elsberry Riding and Farm in Rockmart without the owner's permission or warning. There, the officer encountered HeeHaw, a one-year-old miniature donkey — the smallest of the farm's minis — who had been bottle-raised from birth by owner Hannah Israel and regularly worked petting zoos and birthday parties with children, as well as nursing home visits, as part of the farm's advertised business. According to Israel, officers said HeeHaw ran toward them braying — ordinary donkey behavior for an animal specifically socialized his entire life to approach strangers rather than flee them — and that they "feared for their safety." Officers attempted to Tase him, and when that failed, an officer shot and killed him in his own enclosed pasture. The missing child was found safe nearby minutes later. Cedartown Police Chief Jamie Newsome confirmed he has personally reviewed the bodycam footage but has declined to describe what it shows, citing the ongoing investigation, which the department handed to the Georgia Department of Agriculture's law enforcement division rather than investigate in-house. The officer remains on paid administrative leave. Israel has hired an attorney and is pursuing a civil lawsuit; a GoFundMe for legal fees, originally set at $30,000, has raised over $115,000 from more than 1,700 donors.



Commentary:
A grown adult carrying a firearm stood in an open pasture facing a miniature donkey — an animal bred to be small enough for children to pet — fully capable of just stepping back, and instead chose to Tase and then shoot a baby that had spent its entire life being trained to greet people. That's not fear for your safety, that's cowardice with a badge, and the fact that his own chief won't describe the bodycam footage tells you everything about how it actually looks.

Source: https://www.newsweek.com/georgia-police-officer-placed-on-leave-shooting-donkey-12386186

GoFundMe Link: https://www.gofundme.com/f/-heehaws-tragic-death

AI disclosure: ⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked article and corroborating sources.

Wednesday, August 19, 2026

Your Government Says It's Fine to Break a Man's Teeth With a Baton While He's Facedown and Unarmed

In November 2022, 62-year-old James Driscoll Smith led Elko, Nevada police on a six-minute vehicle chase before crashing his truck into police vehicles and a tree. Smith was pulled from the wreckage and ended up lying facedown on the ground in the dark. Officer Brian Olvera struck him four times in the head with a baton, breaking one of Smith's arms and several of his teeth. Smith says his hands were stretched out at his sides at the time; Olvera claims one of Smith's hands was near his waist. Smith sued for excessive force, but on July 15, 2026, a divided three-judge panel of the 9th Circuit Court of Appeals ruled 2-1 that Olvera is protected by qualified immunity, reasoning that no prior court case with nearly identical facts had "clearly established" that clubbing a facedown suspect in the head was unconstitutional. Judge Sidney Thomas dissented, writing that the court has repeatedly held police may only use head strikes when a suspect can reasonably be perceived as taking furtive or threatening action — and that whether Smith was doing so, or was simply incapacitated on the ground, is a factual dispute a jury should decide, not judges. Smith is now serving a prison sentence stemming from the chase itself; his attorneys have not said whether they'll seek a rehearing before the full appeals court.

Image by ChatGPT

Commentary: The legal standard here is apparently that police can break your teeth with a club while you're facedown on the ground, and you can't even get in front of a jury unless you can produce a court ruling from the past declaring that exact scenario illegal — heads, batons, and all.

Source: https://www.officer.com/command-hq/news/55391365/9th-circuit-grants-qualified-immunity-to-nevada-officer-in-excessive-force-lawsuit

AI disclosure: ⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked article and corroborating sources.

Friday, July 10, 2026

Your Government Shot a Dog for Wagging Its Tail, Then Paid $675,000 to Admit It

 On June 29, 2019, Loveland, Colorado business owners Wendy Love and Jay Hamm pulled into an empty commercial parking lot to water their three dogs during a firewood delivery run. A neighboring property owner called police to report suspected trespassing. Officer Matthew Grashorn arrived, and while two of the dogs came back when called, a 14-month-old Staffordshire terrier/boxer mix named Herkimer kept approaching. Grashorn drew his weapon and fired twice. Herkimer spent four days in intensive care before he had to be euthanized. Love and Hamm sued in 2021, arguing the shooting was an unreasonable seizure under the Fourth Amendment. The Tenth Circuit Court of Appeals refused to grant Grashorn qualified immunity, ruling a jury could find Herkimer posed no imminent threat — a decision that now sets precedent across Colorado and five other states. On June 9, 2026, nearly seven years after the shooting, the City of Loveland agreed to pay $675,000, the largest known settlement for a police dog shooting in Colorado's history, and to require officers to retrain on dog encounters every three years going forward.

ChatGPT generated image

Commentary: Nothing says "trust the badge" like needing a wrongful-death lawsuit and a federal appeals court ruling before admitting that shooting a wagging dog isn't reasonable force. Herkimer had to die so Loveland could finally write a training manual. The shocking part of all this is that the government was eventually held accountable.

Source: https://www.cbsnews.com/colorado/news/loveland-settlement-shooting-pet-dog/

AI disclosure: ⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked article and corroborating sources.

Saturday, June 6, 2026

Your Government Shot a Tail-Wagging Puppy and the Jury Said So — Then Let the Cop Walk Anyway

On the evening of April 10, 2021, New Orleans Police Officer Derrick Burmaster and his partner entered the gated yard of Derek Brown and Julia Barecki-Brown responding to a noise complaint. Burmaster made what he described as "kissy noises" to check for dogs and decided the yard was clear. It was not. Two dogs came down the stairs — a larger adult dog that barked and moved toward Burmaster's partner, who sensibly stepped out of the yard, and Apollo, a 16-week-old, 22-pound Catahoula Leopard rescue puppy who ran toward Burmaster wagging his tail. Burmaster, who later told investigators he feared the puppy would bite him in the genitals, fired three shots at Apollo with one hand while covering his crotch with the other. He struck the puppy in the neck and chest. Apollo's owner ran outside and held his dog in his arms as he died. What followed was four years of institutional cover and legal maneuvering that laid bare exactly how the system protects its own. Three separate internal investigations found the shooting unjustified and in violation of department policy. The Use of Force Review Board ruled unanimously against Burmaster. His own colleagues stated Apollo posed no threat and that Burmaster never considered alternatives — a kick, a Taser, stepping back — before opening fire. Court records revealed this was not his first time fatally shooting a dog. Department leadership then overrode all of it in the final internal review step and cleared him of wrongdoing entirely. A federal jury in June 2025 heard all of it, reviewed all of it, and concluded that yes, Burmaster had violated the constitutional rights of Apollo's owners and violated state negligence and property laws — and then awarded the couple $10,000 for emotional distress and $400 for Apollo's market value as a rescue dog, while granting Burmaster full immunity from personal liability because he was acting in his capacity as a government employee. Apollo's owners were also found partially liable for their own puppy's death.

PHOTO COURTESY DEREK BROWN

Commentary: A jury looked at every piece of evidence, concluded a police officer illegally killed a tail-wagging puppy while shielding his own genitals, and the punishment was $400 — the assessed market value of a living creature that a family described as the love of their lives. The officer faces no personal consequences whatsoever. This is not a broken system. This is the system working exactly as it was designed to work.

📰 https://www.usnews.com/news/us/articles/2025-06-12/jury-finds-new-orleans-police-officer-who-shot-and-killed-puppy-violated-rights-but-has-immunity

⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked AP/US News article and corroborating reporting from The Washington Times, Insurance Journal, and court records.

Friday, May 29, 2026

Your Government Killed an Innocent Man at the Wrong House and a Judge Called It Reasonable

 On a Wednesday night in April 2023, Robert Dotson — a 52-year-old father of two — heard knocking at his front door in Farmington, New Mexico just before midnight. He put on a robe, walked downstairs, picked up his legally owned handgun, and answered the door on his own property. Three police officers were standing outside, shining a flashlight in his face. They shot and killed him. The officers had been dispatched to a domestic violence call at 5308 Valley View Avenue. They went to 5305 — the house directly across the street. One officer had used his patrol car's GPS and placed the address on the wrong side of the street. A second officer had searched Google Maps, which correctly showed the house on the opposite side — and that officer verbally questioned whether they were at the right address before the knock anyway. They proceeded. When Dotson appeared at his door holding a firearm, blinded by flashlights, with no reason to believe the people outside were police, he raised the gun. The officers opened fire. He did not shoot. His wife then emerged, fired at the unknown figures outside, and only stopped when she realized they were officers. She was not told her husband was dead for eight hours. The officers did not immediately disclose to investigators that they had been at the wrong address — that detail was discovered by other officers who arrived on scene. No criminal charges were filed against the officers. When Dotson's family sued for civil rights violations, a federal judge dismissed the case in May 2025, ruling that the officers had acted reasonably given the circumstances — circumstances entirely of their own creation.

Tony Webster / tony@tonywebster.com

Commentary: A man answered his own front door with a legal firearm, got killed by police who had been told they were at the wrong address and went anyway, and a federal judge decided that's just how the Constitution works. The legal term for this is "qualified immunity." The plain English term is getting away with it.

📰 https://www.nbcnews.com/news/us-news/judge-finds-police-acted-reasonably-shooting-new-mexico-man-wrong-addr-rcna208157

⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked NBC News article and corroborating reporting from ABC News, CBS News, and Reason.

Tuesday, May 26, 2026

Your Government Pointed a Gun at a 7-Year-Old and Then Sent Its Lawyers to Finish the Job

 In October 2017, an FBI SWAT team blew a flash-bang grenade outside a bedroom door in a west Atlanta home, stormed inside, and pointed weapons at the occupants — including seven-year-old Gabe Watson, who was yanked out of sleep and found himself staring down the barrel of a federal agent's gun. Agents realized within moments they had the wrong address. A GPS error had sent them to the wrong house on the wrong street. They left behind burned carpet, broken doors, fractured railings, and roughly $5,000 in property damage, plus a child who would later describe the raid as costing him his childhood. Trina Martin and her partner Toi Cliatt, the homeowners, asked the federal government for basic compensation for the damage done to their home and family. The FBI refused. The Justice Department then spent the next eight years arguing in court that the government was immune from being sued at all — that because the agents were technically ordered to raid a different house, the government bore no legal responsibility for what happened when they raided the wrong one. Lower federal courts agreed and threw the family's case out. The case finally reached the U.S. Supreme Court, which ruled unanimously in June 2025 that the family could proceed with their lawsuit — sending the case back to the appeals court for further review. Gabe Watson, now 14, testified about the raid's lasting impact on his life. The lawsuit is still ongoing.


Commentary: The federal government's legal position — held for eight years and backed by armies of government lawyers — was essentially that blowing up the wrong family's home with a SWAT team is a clerical error the taxpayers aren't responsible for. It took a unanimous Supreme Court to tell them that maybe, just maybe, traumatizing a child at gunpoint in his own bedroom entitles his family to their day in court. Not a settlement. Not an apology. Just permission to sue.

📰 https://www.cnn.com/2025/06/12/politics/fbi-wrong-house-georgia-supreme-court

⚠️ This content was researched and written with AI assistance and may be fully AI-generated. All facts are sourced from the linked CNN article and corroborating reporting from NPR, ABC News, InvestigateTV, and SCOTUSblog.

Your Government Let a Domestic Violence Cop 'Complete a Program' and Immediately Arrested Him Again

 In June 2023, Connecticut State Police say East Lyme Police Chief Michael Finkelstein grabbed a woman during an argument and struck her in ...