Appellate Briefs And Opinions

Police Misconduct (Civil Cases)

  • Kingsley v. Hendrickson (S. Ct.) - Amicus

    • The Court should adopt an objective standard, similar to that governing excessive force claims falling under the Fourth Amendment, which examines whether the force was used for the purpose of punishment or, instead, if the use of force was reasonably related to and proportional to a legitimate governmental objective
    • The court had adequately instructed the jury, and therefore the judgment of the court of appeals should be affirmed

     

    Document Date 
    Supreme Court Decision, available at 2015 WL 2473447 06/22/15
    Brief as Amicus 03/17/15
  • United States v. Diaz-Castro (1st Cir.) - Plaintiff-Appellee

    • The Court should dismiss Diaz-Castro's appeals because it lacks jurisdiction over the appeals and the appeals present no substantial question
    • The Court should deny his motion for a preliminary injunction pending appeal as moot and because it fails to satisfy the four-factor test for injunctions

     

    Document Date 
    Court of Appeals Decision 01/17/14
    Motion to Dismiss 12/20/13
    Response to Motion Seeking Injunction Pending Appeal 12/20/13
  • Powers v. City of New Orleans (5th Cir.) - Intervenor/Appellee

    • The consent decree does not interfere with any cognizable contract rights and that it does not violate local civil service rules
    • The decree is valid, and that there are no changed circumstances which could justify granting the City's motion to vacate the decree
    • The City knew about the issues it now raises, including the cost of an unrelated settlement to remedy prison conditions and alleged wrongdoing by Sal Perricone, a former Assistant United States Attorney involved in negotiating the police department decree, well before the decree was entered
    • The decree does not violate the Fair Labor Standards Act and that the involvement of Perricone, who resigned before the decree was finalized, did not affect the negotiation of the decree

     

    Document Date 
    Court of Appeals Decision, reported at 783 F.3d 570 04/15/15
    Brief as Intervenor-Appellee 11/03/14
    Court of Appeals Decision, reported at 731 F.3d 434 09/27/13
    Brief as Appellee 07/11/13
  • In re Grand Jury Subpoena (5th Cir.) -- Appellee

    • This is an appeal from the denial of a motion to quash a grand jury subpoena

     

    Document Date 
    Brief as Appellee (filed under seal) 3/11/09
  • United States v. City of Detroit (6th Cir.) -- Appellee

    • The district court correctly denied the Coalition's motion to intervene as of right
    • The Coalition is not entitled to permissive intervention

     

    Document Date 
    Dismissed 01/24/05
    Brief as Appellee 04/07/04
  • United States v. City of Los Angeles (9th Cir.) -- Appellee

    • Community groups and private individuals are not entitled to intervene in a case in order to enforce the consent decree entered between the United States and the City of Los Angeles resolving allegations of systemic police misconduct

     

    Document Date 
    Court of Appeals Decision, reported at 288 F.3d 391 04/22/02
    Brief as Appellee [HTML] [PDF] 07/27/01
  • United States v. City of Los Angeles (9th Cir.) -- Appellee

    • Court of Appeals should deny the police union's motion for a stay pending its appeal of the district court's denial of its motion to intervene in the case between the United States and the City of Los Angeles regarding the operations of the Los Angeles Police Department
    • Police union was not entitled to intervene in case to challenge consent decree between the United States and City of Los Angeles to resolve allegations of systemic police misconduct when the consent decree imposed no obligations upon the union or its members and did not affect officers' collective bargaining rights

     

    Document Date 
    Court of Appeals Decision, reported at 288 F.3d 391 04/22/02
    Brief as Appellee [HTML] [PDF] 06/04/01
    Court of Appeals Denial of Stay, unpublished  04/16/01
    Opposition to Stay [HTML] [PDF] 03/22/01
  • United States v. City of Los Angeles (9th Cir.) -- Appellee

    • Police union lacked standing to bring independent action seeking injunction against entry of a consent decree in a separate case between the United States and the City of Los Angeles regarding the operations of the Los Angeles Police Department.

     

    Document Date 
    Court of Appeals Decision, unpublished 04/22/02
    Brief as Appellee [HTML] [PDF] 05/30/01
  • Stevenson v. District of Columbia Metropolitan Police Department (D.C. Cir.) -- Intervenor

    • District court properly refused to order the United States to disclose internal documents regarding an ongoing investigation of police misconduct

     

    Document Date
    Court of Appeals Decision, reported at 248 F.3d 1187 05/01/01
    Brief as Intervenor [HTML] [PDF] 12/28/00

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Updated August 10, 2015