Gabriel Malor

@gabrielmalor.bsky.social

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Oklahoman in Virginia. Appellate attorney. I talk about federal court decisions. A lot. Sometimes the most you can do is the best you can do. gabriel.malor@gmail.com

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Gabriel Malor·5h

The most famous Pepperdine Law grad before Katie is Rod Blagojevich, who, to his credit, actually passed the bar exam before, y'know, what happened next.

Gabriel Malor·7h

DOJ no longer has the best left to send.

Gabriel Malor·13h

New Halloween toys are a hit.

A black lab puppy lays on a grey dog bed in the middle of a living room. He's wearing an aqua bandana. He has a purple chew toy that has either ears or horns with bat wings and big eyes.

Gabriel Malor·14h

According to the indictment, he is charged with violating 18 U.S.C. § 922(g)(8), which prohibits possession of a firearm or ammunition while being a person subject to a domestic violence restraining order.

Gabriel Malor·15h

This feels like intentional trolling. I have filed dozens (hundreds?) of status reports and other letter filings in the federal courts, and I would never use that sign-off even *before* it became Trump's signature sign-off. Now it has the *tee-hee* of internet poisoning.

Gabriel Malor·15h

10th CIr. holds that it was clearly established law that officer may not use deadly force against someone holding a baseball bat, but making no hostile or aggressive motions with it. No QI for officer. www.ca10.uscourts.gov/sites/ca10/f...

Zuchel, Walker, and Tenorio are substantially similar to the facts here, particularly concerning the crucial immediate-threat aspect of the excessive-force inquiry. Each case—including this one—involved a suspect armed with something other than a gun who made no hostile motions and did not charge the officer. See Zuchel, 997 F.2d at 736; Walker, 451 F.3d at 1159–60; Tenorio, 802 F.3d at 116466. Resisting this conclusion, Avery points out that Zuchel and Walker involved suicidal suspects, which he argues provides less support for the use of force than a

Gabriel Malor·16h

"For reasons unfathomable to this Court, officials chose to turn the power of the federal government against a singular employee with an impeccable record of public service. In short, Ms. Comans was professionally targeted and personally attacked by government officials for no legitimate reason."

256

Gabriel Malor·17h

3d Cir., en banc, holds that certain crimes demonstrate a prima facie risk of physical violence from misusing firearms and, on that basis, holds that the federal felon-in-possession ban does not violate the 2A for people with those predicate convictions. www2.ca3.uscourts.gov/opinarch/241...

Gabriel Malor·19h

8th Cir. holds that it violated clearly established law for state trial judge to order two children locked in the courthouse jail after they refused to leave the courthouse with their mother who had just won primary custody following a divorce. No QI for judge. ecf.ca8.uscourts.gov/opndir/26/10...

We have no doubt that Judge Eighmy believed he was acting in “good faith,” and possibly even in the children’s best interests, by detaining them. But good faith in the Fourth Amendment context is about reasonable reliance, either on binding appellate precedent or a warrant issued by a “neutral magistrate.” Wheeler v. City of Searcy, 14 F.4th 843, 852 (8th Cir. 2021) (quoting Messerschmidt v. Millender, 565 U.S. 535, 546 (2012)); see generally Davis v. United States, 564 U.S. 229 (2011). Neither was present here. No case allows a judge to detain children in a holding cell when they refuse to leave with a parent. And a custody plan is no substitute for a warrant. See Rockett, 71 F.4th at 672 (explaining that in Missouri, a custody plan allows a judge to issue a pick-up order); Mo. Rev. Stat. § 452.885 (outlining the process for getting one). In short, rough justice does not trump the Constitution.

Gabriel Malor·1d

Always Be Closing

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