https://app.sowardsconsulting.com/podcast en-us A weekly walk through the use of force decisions that matter to officers, custody staff, supervisors, and trainers. Federal first, then California, then application. Hosted by Dr. Timothy Sowards of Sowards Consulting. Dr. Timothy Sowards Dr. Timothy Sowardstim@sowardsconsulting.com false episodic Sat, 07 Nov 2026 20:00:00 GMT https://app.sowardsconsulting.com/podcast/2026-11-07 https://app.sowardsconsulting.com/podcast/2026-11-07 Sat, 07 Nov 2026 20:00:00 GMT Johnson v. Adgar: a 40mm foam baton round fired indiscriminately into a retreating San Jose protest crowd was excessive force, but the officer gets qualified immunity, and the Ninth Circuit sends a Bane Act question to the California Supreme Court. Read with Astorga v. Villanueva from the October 25 episode. Johnson v. Adgar: a 40mm foam baton round fired indiscriminately into a retreating San Jose protest crowd was excessive force, but the officer gets qualified immunity, and the Ninth Circuit sends a Bane Act question to the California Supreme Court. Read with Astorga v. Villanueva from the October 25 episode. false full 00:15:55 https://app.sowardsconsulting.com/podcast/2026-11-01 https://app.sowardsconsulting.com/podcast/2026-11-01 Sun, 01 Nov 2026 20:00:00 GMT United States v. Zamora on when a seizure starts, Collazo v. Otsego County on control holds at a shots-fired call, Merrill v. Seagraves on a second Taser cycle, People v. Ball, People v. Steele, People v. Hicks on prone restraint, and Turner v. Sims on supervision language. United States v. Zamora on when a seizure starts, Collazo v. Otsego County on control holds at a shots-fired call, Merrill v. Seagraves on a second Taser cycle, People v. Ball, People v. Steele, People v. Hicks on prone restraint, and Turner v. Sims on supervision language. false full 00:20:00 https://app.sowardsconsulting.com/podcast/2026-10-25 https://app.sowardsconsulting.com/podcast/2026-10-25 Sun, 25 Oct 2026 20:00:00 GMT Astorga v. Villanueva on supervisor liability for crowd control, Kilnapp v. City of Cleveland on an officer shot by her partner, Bond v. Sheriff of Ottawa County and a $33 million jail death verdict, Garcia v. United States on a hostage killed in a rescue, and two published California search decisions. Astorga v. Villanueva on supervisor liability for crowd control, Kilnapp v. City of Cleveland on an officer shot by her partner, Bond v. Sheriff of Ottawa County and a $33 million jail death verdict, Garcia v. United States on a hostage killed in a rescue, and two published California search decisions. false full 00:21:09 https://app.sowardsconsulting.com/podcast/2026-10-24 https://app.sowardsconsulting.com/podcast/2026-10-24 Sat, 24 Oct 2026 20:00:00 GMT No new published circuit opinion on deadly or excessive force could be verified for the week ending October 24, 2026, so this brief is a training supplement built on three earlier decisions carried forward, not a report of new rulings; that week's new decisions are covered in the 2026-w43 brief. Handy v. Jones, Ninth Circuit, filed September 15, 2026, granted immunity to four Anchorage officers who shot a man waving a shotgun as he advanced on them. Ruffin v. Davis, Fourth Circuit, filed April 29, 2026, denied immunity to an officer who shot a fleeing armed teenager who made no threatening movement with the gun. Hart v. City of Grand Rapids, Sixth Circuit, filed May 15, 2025, treated a close range tear gas canister from a 40mm launcher as deadly force though the officer believed he loaded a crowd control round; the Supreme Court denied review May 26, 2026. A status check on the pending Moore v. Romero petition follows. No new published circuit opinion on deadly or excessive force could be verified for the week ending October 24, 2026, so this brief is a training supplement built on three earlier decisions carried forward, not a report of new rulings; that week's new decisions are covered in the 2026-w43 brief. Handy v. Jones, Ninth Circuit, filed September 15, 2026, granted immunity to four Anchorage officers who shot a man waving a shotgun as he advanced on them. Ruffin v. Davis, Fourth Circuit, filed April 29, 2026, denied immunity to an officer who shot a fleeing armed teenager who made no threatening movement with the gun. Hart v. City of Grand Rapids, Sixth Circuit, filed May 15, 2025, treated a close range tear gas canister from a 40mm launcher as deadly force though the officer believed he loaded a crowd control round; the Supreme Court denied review May 26, 2026. A status check on the pending Moore v. Romero petition follows. false full 00:25:06 https://app.sowardsconsulting.com/podcast/2026-10-18 https://app.sowardsconsulting.com/podcast/2026-10-18 Sun, 18 Oct 2026 20:00:00 GMT Vision Bank v. Avery and Burke v. Pitts on deadly force and hostile motion, Rockett v. Eighmy on locking children in holding cells, Martinez v. Hidalgo County, Bailey v. Michigan Department of Corrections, and Estate of Stinson v. Streicher. Vision Bank v. Avery and Burke v. Pitts on deadly force and hostile motion, Rockett v. Eighmy on locking children in holding cells, Martinez v. Hidalgo County, Bailey v. Michigan Department of Corrections, and Estate of Stinson v. Streicher. false full 00:22:47 https://app.sowardsconsulting.com/podcast/2026-10-11 https://app.sowardsconsulting.com/podcast/2026-10-11 Sun, 11 Oct 2026 20:00:00 GMT Navejas v. City of El Paso on a single Taser deployment against a 70-year-old man with dementia, Fischer v. Phillips on shooting into a slow-moving car, Byrum v. Knox County on jail medical response, and the Supreme Court's denial in Shelby v. Manning. Navejas v. City of El Paso on a single Taser deployment against a 70-year-old man with dementia, Fischer v. Phillips on shooting into a slow-moving car, Byrum v. Knox County on jail medical response, and the Supreme Court's denial in Shelby v. Manning. false full 00:16:05 https://app.sowardsconsulting.com/podcast/2026-10-03 https://app.sowardsconsulting.com/podcast/2026-10-03 Sat, 03 Oct 2026 20:00:00 GMT Edwards v. Brown on pepper spray decontamination and grievance tolling, Mason v. Talley on restraint to a fixed object, Hyttinen v. Frantti on warrant entry, Fambrough v. City of East Cleveland on orders from the top, and Andrade v. Collier County Sheriff. The October 4 follow-up sweep of the circuits, the Supreme Court order lists, and the California Court of Appeal is folded into the written brief for this week. Edwards v. Brown on pepper spray decontamination and grievance tolling, Mason v. Talley on restraint to a fixed object, Hyttinen v. Frantti on warrant entry, Fambrough v. City of East Cleveland on orders from the top, and Andrade v. Collier County Sheriff. The October 4 follow-up sweep of the circuits, the Supreme Court order lists, and the California Court of Appeal is folded into the written brief for this week. false full 00:24:31 https://app.sowardsconsulting.com/podcast/2026-09-26 https://app.sowardsconsulting.com/podcast/2026-09-26 Sat, 26 Sep 2026 20:00:00 GMT This week is the mirror image of the last one. Three cases again, but in two of them federal appellate courts reached the merits, looked at deadly force that killed a man, and held the force did not violate the Fourth Amendment at all. In Handy v. Jones, the Ninth Circuit held that Anchorage officers acted reasonably when they shot a man who came out with a shotgun, refused commands, and advanced on them waving it overhead, and said no clearly established law requires officers to wait until an armed suspect aims at them. In Calloway v. Adcock, the Eleventh Circuit held that an off-duty Alabama police captain reasonably fired on an unarmed, enraged man who had shrugged off a Taser and was landing head strikes while driving him toward his family. The counterweight, Rosales v. Lewis from the Fifth Circuit, is a loss on the stop and frisk, not on force. The Supreme Court was in recess. This week is the mirror image of the last one. Three cases again, but in two of them federal appellate courts reached the merits, looked at deadly force that killed a man, and held the force did not violate the Fourth Amendment at all. In Handy v. Jones, the Ninth Circuit held that Anchorage officers acted reasonably when they shot a man who came out with a shotgun, refused commands, and advanced on them waving it overhead, and said no clearly established law requires officers to wait until an armed suspect aims at them. In Calloway v. Adcock, the Eleventh Circuit held that an off-duty Alabama police captain reasonably fired on an unarmed, enraged man who had shrugged off a Taser and was landing head strikes while driving him toward his family. The counterweight, Rosales v. Lewis from the Fifth Circuit, is a loss on the stop and frisk, not on force. The Supreme Court was in recess. false full 00:18:49 https://app.sowardsconsulting.com/podcast/2026-09-19 https://app.sowardsconsulting.com/podcast/2026-09-19 Sat, 19 Sep 2026 20:00:00 GMT Three cases this week share something uncomfortable: in all three the officer won, and in none of them did a court hold that the force was reasonable. The lead case is Rogers v. City of Santa Fe, an unpublished Fifth Circuit decision filed August 6 that became public on September 9 when the plaintiff's counsel released body camera footage. The panel granted immunity to an officer who held a handcuffed woman face down on a fire ant mound because no prior case was close enough on the facts, and a petition for rehearing en banc is pending. Two decisions from earlier this year make the same point: Smith v. Olvera, the divided Ninth Circuit baton case covered in full on August 8, and Mitchell v. Conrad, where the Sixth Circuit applied Kentucky's subjective good faith immunity to a vehicle shooting. The Supreme Court remains in recess until October. Three cases this week share something uncomfortable: in all three the officer won, and in none of them did a court hold that the force was reasonable. The lead case is Rogers v. City of Santa Fe, an unpublished Fifth Circuit decision filed August 6 that became public on September 9 when the plaintiff's counsel released body camera footage. The panel granted immunity to an officer who held a handcuffed woman face down on a fire ant mound because no prior case was close enough on the facts, and a petition for rehearing en banc is pending. Two decisions from earlier this year make the same point: Smith v. Olvera, the divided Ninth Circuit baton case covered in full on August 8, and Mitchell v. Conrad, where the Sixth Circuit applied Kentucky's subjective good faith immunity to a vehicle shooting. The Supreme Court remains in recess until October. false full 00:16:37 https://app.sowardsconsulting.com/podcast/2026-09-05 https://app.sowardsconsulting.com/podcast/2026-09-05 Sat, 05 Sep 2026 20:00:00 GMT No federal circuit, state high court, or United States Supreme Court decision on law enforcement use of force came down in the past seven days, and the Supreme Court is in summer recess until the first Monday in October. This week covers four 2026 decisions not previously reviewed. The Eleventh Circuit in Edwards v. Grubbs let stand $21 million against an Atlanta officer personally for a dart-mode Taser deployment, without warning, on a fleeing man above a steep embankment. The Fifth Circuit in Searles v. City of Houston and the Ninth Circuit in Foer v. City of Seattle granted qualified immunity on the clearly established prong only, leaving the merits of two fatal shootings undecided. A divided Fourth Circuit panel in Harold v. Hagan vacated immunity for a canine release on a prone, compliant burglary suspect, though a rehearing petition was pending. Across all four, the warning and the documented opportunity to comply is the fact courts reach for first. No federal circuit, state high court, or United States Supreme Court decision on law enforcement use of force came down in the past seven days, and the Supreme Court is in summer recess until the first Monday in October. This week covers four 2026 decisions not previously reviewed. The Eleventh Circuit in Edwards v. Grubbs let stand $21 million against an Atlanta officer personally for a dart-mode Taser deployment, without warning, on a fleeing man above a steep embankment. The Fifth Circuit in Searles v. City of Houston and the Ninth Circuit in Foer v. City of Seattle granted qualified immunity on the clearly established prong only, leaving the merits of two fatal shootings undecided. A divided Fourth Circuit panel in Harold v. Hagan vacated immunity for a canine release on a prone, compliant burglary suspect, though a rehearing petition was pending. Across all four, the warning and the documented opportunity to comply is the fact courts reach for first. false full 00:21:17 https://app.sowardsconsulting.com/podcast/2026-08-29 https://app.sowardsconsulting.com/podcast/2026-08-29 Sat, 29 Aug 2026 20:00:00 GMT One new federal appellate force decision this week, at the meeting point of the police service dog and the firearm. In DeWeese v. Hancock, decided August 19, the Tenth Circuit granted qualified immunity to officers who sent a dog at an armed, stationary man 20 minutes into a standoff and shot him when he drew, without deciding whether the force was reasonable. Spencer v. Glaser, Fourth Circuit, August 4, applies Barnes v. Felix to help the officer on later shots and limits what body camera video can prove. Two canine cases, Harold v. Hagan from the Fourth Circuit and Cameron v. City of Des Moines from the Eighth, draw the line on when a warning is required before a dog is sent. The through line is the warning and the chance to comply: given and refused, the officers won; feasible and skipped, or the subject already passive, they lost. Nothing new from the Ninth Circuit, the Supreme Court, or California. One new federal appellate force decision this week, at the meeting point of the police service dog and the firearm. In DeWeese v. Hancock, decided August 19, the Tenth Circuit granted qualified immunity to officers who sent a dog at an armed, stationary man 20 minutes into a standoff and shot him when he drew, without deciding whether the force was reasonable. Spencer v. Glaser, Fourth Circuit, August 4, applies Barnes v. Felix to help the officer on later shots and limits what body camera video can prove. Two canine cases, Harold v. Hagan from the Fourth Circuit and Cameron v. City of Des Moines from the Eighth, draw the line on when a warning is required before a dog is sent. The through line is the warning and the chance to comply: given and refused, the officers won; feasible and skipped, or the subject already passive, they lost. Nothing new from the Ninth Circuit, the Supreme Court, or California. false full 00:24:04 https://app.sowardsconsulting.com/podcast/2026-08-08 https://app.sowardsconsulting.com/podcast/2026-08-08 Sat, 08 Aug 2026 20:00:00 GMT Two items this week, and they share one fault line. In Smith v. Olvera, decided July 14, a divided Ninth Circuit panel granted qualified immunity to an Elko, Nevada officer who struck a prone, just-crashed suspect in the head with a baton in the dark. The majority ruled only that no earlier case put the officer on notice; it did not say the head strikes were lawful. Judge Thomas dissented, writing that whether the man was taking furtive or threatening actions or was simply lying there incapacitated was a jury question. On June 22, the Supreme Court declined to hear the City of Los Angeles's appeal in the McBride case, leaving in place a six to five en banc ruling that a jury could find the last two shots, fired after a knife-wielding man had fallen, were excessive. Both cases turn on the moment a threat may have ended and force continued. Two items this week, and they share one fault line. In Smith v. Olvera, decided July 14, a divided Ninth Circuit panel granted qualified immunity to an Elko, Nevada officer who struck a prone, just-crashed suspect in the head with a baton in the dark. The majority ruled only that no earlier case put the officer on notice; it did not say the head strikes were lawful. Judge Thomas dissented, writing that whether the man was taking furtive or threatening actions or was simply lying there incapacitated was a jury question. On June 22, the Supreme Court declined to hear the City of Los Angeles's appeal in the McBride case, leaving in place a six to five en banc ruling that a jury could find the last two shots, fired after a knife-wielding man had fallen, were excessive. Both cases turn on the moment a threat may have ended and force continued. false full 00:17:38 https://app.sowardsconsulting.com/podcast/2026-05-16 https://app.sowardsconsulting.com/podcast/2026-05-16 Sat, 16 May 2026 20:00:00 GMT A corrective week after a spring of Supreme Court decisions that broadened merits review and narrowed qualified immunity. In Manning v. City of Tulsa, a published Tenth Circuit opinion filed March 30, the court denied qualified immunity to former Tulsa officer Betty Shelby in the September 2016 shooting of Terrence Crutcher, holding that Tennessee v. Garner, a Supreme Court deadly force decision squarely on point, put the unlawfulness of shooting an unarmed, non-dangerous subject beyond debate without any further specificity. The case now goes to a jury. On April 27 the Supreme Court denied certiorari a second time in Barnes v. Felix, ending that case with the officer winning under the totality framework the Court itself announced a year earlier. And on April 9 the Colorado Court of Appeals held that Boulder could not charge more than $8,000 for body camera footage of a fatal officer-involved shooting. Nothing from the Ninth Circuit and nothing from California in this episode. A corrective week after a spring of Supreme Court decisions that broadened merits review and narrowed qualified immunity. In Manning v. City of Tulsa, a published Tenth Circuit opinion filed March 30, the court denied qualified immunity to former Tulsa officer Betty Shelby in the September 2016 shooting of Terrence Crutcher, holding that Tennessee v. Garner, a Supreme Court deadly force decision squarely on point, put the unlawfulness of shooting an unarmed, non-dangerous subject beyond debate without any further specificity. The case now goes to a jury. On April 27 the Supreme Court denied certiorari a second time in Barnes v. Felix, ending that case with the officer winning under the totality framework the Court itself announced a year earlier. And on April 9 the Colorado Court of Appeals held that Boulder could not charge more than $8,000 for body camera footage of a fatal officer-involved shooting. Nothing from the Ninth Circuit and nothing from California in this episode. false full 00:16:29 https://app.sowardsconsulting.com/podcast/2026-05-09 https://app.sowardsconsulting.com/podcast/2026-05-09 Sat, 09 May 2026 20:00:00 GMT Two published Fourth Circuit decisions this week are the cleanest teaching pair since Barnes v. Felix came down a year ago. In both, the court denied qualified immunity to an officer who shot a retreating suspect, and in both the anchor was Tennessee v. Garner. Ruffin v. Davis, filed April 29, involved an armed 17-year-old who ran from a Columbia, South Carolina officer during a COVID curfew and was shot as he looked back; a gun on a fleeing suspect, by itself, is not an immediate threat. Byers v. Painter, filed in late April, involved a man in mental health crisis holding a hatchet at his waist and walking away on his parents' property; deadly force against that retreating subject was not justified, over a dissent. On April 27 the Supreme Court denied certiorari in Barnes v. Felix for the second time, leaving Deputy Constable Felix's qualified immunity final. The three cases show the totality framework cutting both ways. Two published Fourth Circuit decisions this week are the cleanest teaching pair since Barnes v. Felix came down a year ago. In both, the court denied qualified immunity to an officer who shot a retreating suspect, and in both the anchor was Tennessee v. Garner. Ruffin v. Davis, filed April 29, involved an armed 17-year-old who ran from a Columbia, South Carolina officer during a COVID curfew and was shot as he looked back; a gun on a fleeing suspect, by itself, is not an immediate threat. Byers v. Painter, filed in late April, involved a man in mental health crisis holding a hatchet at his waist and walking away on his parents' property; deadly force against that retreating subject was not justified, over a dissent. On April 27 the Supreme Court denied certiorari in Barnes v. Felix for the second time, leaving Deputy Constable Felix's qualified immunity final. The three cases show the totality framework cutting both ways. false full 00:18:40