The Fifth Circuit denies qualified immunity for police who beat a non-resistant man outside a school. 1/…
Here are the details of the assault.
The Court’s analysis of why the man was no threat
I also recommend reading the parts about the bystander officers, who get immunity but the Court finds their conduct violated the law
Judge Oldham agrees, but wouldn’t have said anything about the bystanders

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More from @RMFifthCircuit

21 Nov
My mini-thread on the Pennsylvania decision is here. Bottom line: a completely expected but humiliating and harshly worded defeat for Trump. The judge pours calumny on Rudy’s head civilly but brutally.
In summary, it was not the kraken.
Probably calumny isn’t the exact word I wanted. Scorn! Let’s go with that.
Read 5 tweets
21 Nov
I’m reading now. But the judge is… not amused. Image
As a rule of thumb, having your arguments called “stitched together” like Frankenstein’s monster means things are going poorly. Image
Read 10 tweets
19 Nov
Wanted to bring this good comment up to top. This is right.

If you actually had even the tiniest shred of evidence of anything that was said in the Rudy presser just now - even a whiff of it - you would march into federal court with it metaphorically stapled to your face.
There is no possible advantage for the Trump team to hold back their supposed evidence. In their fantasy world, the courts need to act RIGHT NOW to prevent certification. Not tomorrow, not next week. If I had the goods on such a thing (and of course, there are no goods) /2
I would break every #AppellateTwitter rule about not using dual modes of emphasis (this is a law nerd joke). It would be bolded, and italicized, and in flashing colors. The cover of my brief would be the evidence. I would make a tie of the evidence and wear it.
Read 4 tweets
19 Nov
One other oddity: Trump has filed a motion for expedited discovery based on Federal Rule of Civil Procedure 57, which is the rule about declaratory judgment actions. This puzzled me - I don't see what this case has to do with a declaratory judgment. 1/
A declaratory judgment action... to really simplify, it's a lawsuit used to adjudicate a problem that's going to happen in the future usually. Like, party A and party B have a beef about a contract and want to sort out the dispute before action happens in the future. 2/
And indeed, there's no declaratory judgment claim in Rudy's new Complaint. I know they use the word "declaration" but... that's not really the same thing. This is not a declaratory judgment action. /3
Read 6 tweets
18 Nov
Another note about Trump's motion for extension of time in the PA case. When you file a motion, you have to ask your opponent if they agree Trump didn't do that, but also didn't say the normal thing - "We tried, but we're out of time so we filed."

1/ Image
It's not the biggest deal in the world, but in many courts where I practice, literally any motion filed like this would be auto-denied.

Now, probably Judge Brann won't do that given the whole situation, but really people - you can't file this.
And like I could call up any practicing lawyer I know and ask "what do you do if you're pressed for time to confer" and they'd say, "Oh you write you called and emailed opposing counsel and couldn't get their position."

It's just more evidence this is the Z team.
Read 5 tweets
18 Nov
An old memory:

I was working on an M&A deal for maybe 80 hours straight. It was late Friday night. Maybe midnight. I got a call from the senior associate.

“Pencils down. The CEOs had a throw down. Deal’s off.”

I walked home through Hell’s Kitchen. 1/
There was a bakery on Ninth Avenue that was open late that had a meal deal: two scones and two mini-pots of bonne maman jam for $5. I grabbed it and ate. Then walked the rest of the way home. /2
I got to my apartment. I had a message. I opened it.

“Where the ever living f*{* are you, deal’s on. Get back here right now.”

I walked back, but slower, because the scones were heavy. I worked the rest of the weekend and slept in the office. The end.
Read 4 tweets

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