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the de minimis threshold, and, conversely, and immigration matters:
objectively reasonable force will result in de
minimis injuries only.” Consequently, “only Many provisions of this statute have been
one inquiry is required to determine whether suspended for the time being by a Federal
an officer used excessive force in violation of Court action in the San Antonio Division of the
the Fourth Amendment.” In short, “as long as Western District of Texas. The case, No. 5:17-
a plaintiff has suffered ‘some injury,’ even CV-00404, is ongoing and additional
relatively insignificant injuries and purely developments will most certainly affect this
psychological injuries will prove cognizable statute, or portions thereof, ultimately become
when resulting from an officer’s unreasonably effective. Stay tuned.
excessive force.”
On the facts alleged, we conclude that the REASONABLE SUSPICION – TRAFFIC STOP –
officers’ use of force was objectively SUBSEQUENT ARREST ON MORE SERIOUS
unreasonable. Nothing in Alexander’s CHARGES.
statements or actions indicated that he posed
any risk of harm to the officers. Nor did he Milton Henry appeals his convictions of
pose any flight risk—indeed, he stayed in his possession of a firearm by a felon and
vehicle and made no attempt to leave while possession of marihuana, contending that all of
Garza awaited backup. Perhaps Alexander’s the evidence should have been suppressed. He
refusal to exit his vehicle on Garza’s command asserts that the officers who stopped his vehicle
warranted physical removal from the car, but it had no reasonable suspicion that he had
did not warrant throwing Alexander onto the engaged in any illegal activity. The officers aver
ground, kneeing him in the back, and pushing that they believed Henry was in violation of
his face into the concrete. The officers’ use of Louisiana law because his license-plate frame
force once Alexander was safely removed from obstructed the expiration date on his
the vehicle was not objectively reasonable. registration sticker. Because the officers’
Consequently, Alexander’s alleged injuries— interpretation of the law was objectively
though perhaps not sufficient on their own to reasonable, we affirm.
satisfy the de minimis requirement—are
enough to support a claim for excessive force While patrolling in Baton Rouge, police
at the motion to dismiss stage. officers Carl Trosclair and Marty Freeman
noticed that Henry’s license-plate frame
We have only heard one side of the story. After obstructed the view of the
discovery is complete, the district court may expiration date on the plate’s registration
well correctly determine that none of sticker. Believing that the obstruction violated
Alexander’s claims can survive summary Louisiana law, they pulled Henry over.
judgment. But at the motion to dismiss stage, Trosclair approached the vehicle and asked for
we are bound to accept his allegations as true. Henry’s license. While talking to Henry,
And on the facts alleged, Alexander has stated Trosclair noticed a strong odor of marihuana
several constitutional claims. and instructed Henry and his passenger to exit
Alexander . Round Rock, 5th Cir., No. 16- the vehicle. Trosclair advised Henry of his
50839, April 18, 2017. Miranda rights and asked whether he had any
Texas Senate Bill #4 regarding sanctuary cities marihuana. Henry admitted that he had a
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