National Police Accountability Project Amicus Curiae.
In concert with our legislative advocacy and member education and support, the National Police Accountability Project files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals and state appellate courts in cases involving abuses of power by police and corrections officers, as well as other government officials. Our amicus curiae work is motivated by a recognition that positive rulings in significant cases addressing police and corrections officer misconduct stand to create powerful case law that can expand access and avenues to recourse for citizens whose civil rights have been violated.
Selected Amicus Briefs
In Hernandez v. Mesa, the parents of 15-year-old Mexican national Sergio Adrian Hernandez Guereca sued US Border Patrol Agent Jesus Mesa, Jr. Mesa was standing on US soil and Guereca on Mexican soil when Mesa shot and killed Guereca. This brief argues that Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971) provides a cause of action against immigration enforcement agents as it does for all other federal law enforcement agents.
Thompson v. Clark asks whether an individual seized during criminal proceedings in violation of the Fourth Amendment must prove that the criminal proceedings ended in a manner indicative of their innocence before bringing a section 1983 action to redress the violation of their constitutional rights. This brief argues that criminal proceedings terminating in a manner indicating innocence is not a requirement for individuals seeking a 1983 claim.
This brief argues that pretrial detention in the absence of probable cause is a violation of the Fourth Amendment and as such 42 U.S.C. Section 1983 provides recourse for such violation.
This brief argues that appellate jurisdiction does not extend to an appeal over the district court’s denial of qualified immunity based on factual disputes.