Today in Supreme Court History: October 18

Rivas-Villegas v. Cortesluna, 595 U.S. 1 (decided October 18, 2021): plaintiff sued under §1983 for excessive force; Court held that police officer who put knee in his back after he was already on the ground was entitled to qualified immunity (plaintiff had threatened and cornered wife and children in house, came out at command of police with knife in his pocket, and officer briefly placed his knee on plaintiff’s back when handcuffing him and removing his knife); unanimous per curiam decision (this lawsuit was a new definition of “chutzpah”)

Bergere v. United States, 168 U.S. 66 (decided October 18, 1897): this decision on grants of land under a contested Will in the New Mexico territory presents a riot of law school exam issues, e.g., whether cattle grazing amounts to adverse possession, whether a torn document is an enforceable contract, what deference should be given the law of Mexico and Spain that were in effect at the time and place in question, whether delivery of land by alcalde (mayor) binds the governor, and more

James v. Louisiana, 382 U.S. 36 (decided October 18, 1965): search of drug arrestee’s home two blocks from where he was arrested was not a “search incident to arrest”, so evidence seized there was inadmissible