Words Are Not Resistance: Sixth Circuit Denies Qualified Immunity for Force Following Verbal Confrontation
Steger v. Willis, No. 25-6006 (6th Cir. July 21, 2026) TL;DR Police responded to a theft complaint and encountered the suspect standing behind an iron gate on his own front porch. The encounter became heated. The suspect refused to provide identification, told officers to get off his property, and ultimately yelled, “Fuck you!” at one of the officers. According to the plaintiff’s version of events—which the court was required to accept at the qualified-immunity stage—the offi
6 min read
Can a Suspect Retreat Into His Home to End a Terry Stop?
Hayat v. Diaz, No. 25-1235 (4th Cir. Aug. 20, 2026) TL;DR Police received a priority kidnapping call after an eyewitness reported seeing a man put three children into the trunk of a vehicle. Officers traced the vehicle to Fareed Hayat's home and approached him while he and his wife were outside. The encounter initially was consensual. But after officers questioned Hayat about the reported kidnapping, he refused to answer certain questions, prevented his wife from continuing t
11 min read
You Can Film the Police Station — But That Doesn't End the Fourth Amendment Analysis
Massimino v. Benoit, No. 25-1104 (2d Cir. Aug. 17, 2026) TL;DR The Second Circuit held that the First Amendment protects the right to record law enforcement activity in public, including publicly visible areas of a police station from a public sidewalk. But that did not mean officers were prohibited from investigating the person doing the recording. Recording a police station, standing alone, was not enough to establish reasonable suspicion. Here, however, additional circumst
8 min read