School resource officers (SROs) in Texas referred tens of thousands of elementary and middle schoolers for prosecution for relatively minor misconduct over the last decade, a news investigation found.
An analysis by The New York Times and the San Antonio Express-News reported that, as the number of SROs in Texas grew, children in Texas ages 10 to 13 were referred to prosecution for misbehaving in school more than 47,000 times since 2014. A referral doesn't necessarily result in charges being filed, but each one represents a minor being taken into police custody and put in contact with the criminal justice system, which can have long-lasting educational, emotional, and financial impacts for students and their families.
"Most of the students were accused of minor offenses, like making threats, using cannabis vapes or lashing out at classmates or teachers," the papers reported. "Few caused serious physical harm."
Among the examples cited by the Times and Express-News were an 11-year-old who bumped into a school counselor, a 10-year-old who said he saw someone on campus with a weapon, and a 10-year-old who kicked an assistant principal after his cellphone was taken away.
In one case, a 12-year-old girl who refused to go to the principal's office was handcuffed, arrested, and driven to the school police headquarters. "When she would not put her hand on a fingerprint machine, officers twisted her opposite arm behind her back until she screamed and complied, according to body camera footage," the outlets reported.
The analysis found that referrals of children 10 to 13 increased by a greater percentage than referrals of older students. (Children under 10 cannot be prosecuted under Texas law; many other states don't set a minimum age for delinquency.)
The two outlets published another joint investigation in May on how SROs in Texas schools have used heavy-handed tactics, including Tasers and pepper spray, against students over seemingly minor misconduct.
The findings mirror other recent studies. A report published in July by the American Civil Liberties Union (ACLU) of Iowa found that, while SROs were placed in Iowa schools to keep students safe from violence, the threat they most commonly dealt with was illicit vaping.
The number of police in schools nationally dramatically increased in recent years, growing by 23 percent at high schools, middle schools, and elementary schools between 2018 and 2021, largely under the justification of stopping mass shootings and handling violent situations.
Organizations like the National Association of School Resource Officers (NASRO) say that carefully selected, well-trained officers act as a filter and decrease arrests by building strong relationships within the school with staff and students.
Civil liberties groups and disability advocates have long argued that increases in school police and zero-tolerance policies for petty disturbances have fueled the "school-to-prison" pipeline and led to disproportionate enforcement against minorities and students with disabilities. Those groups have been aided by viral news stories of policearresting and assaulting school children.
Following the police killing of George Floyd in 2020 and national calls for police reform, several major school districts across the country ended their SRO programs.
However, several states that experienced horrific school shootings, like Florida and Texas, moved in the opposite direction, passing laws that required police officers or armed guardians in public schools.
A 2020 Reason investigation described how Florida schools had become a high-stakes experiment in policing after Florida more than doubled the number of SROs across the state following the mass shooting at Marjory Stoneman Douglas High School in 2018. A study published in 2020found that after the increase, the number of Florida school arrests—which had been declining for years—suddenly started to rise. There was also a sharp increase in the use of physical restraint against students.
A 2021 working paper by the Annenberg Institute at Brown University, which billed itself as the broadest and most rigorous examination at the school level of how SROs impact student outcomes, found that while SROs "do effectively reduce some forms of violence in schools," they did not prevent school shootings or gun-related incidents.
Another study by researchers at the University of Maryland and the firm Westat, who studied several dozen middle and high schools in California, found that increasing the number of SROs led to both immediate and persistent increases in the number of drug and weapon offenses and the number of suspensions and expulsions of students.
On a Tuesday morning in February 2025, federal agents descended upon Ayala's Mini Market, a convenience store in Glendale, Arizona, that offered check cashing, money transfer, shipping, and cellphone repair services along with standard items such as groceries, snacks, sodas, and cigarettes. The agents, who worked for the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS), seized three computers, five cellphones, and business records, plus about $460,000 in cash and checks. They did not say why.
Twenty months later, the store's owner, Mario Ayala, still has not received a definitive answer to that question. Nor has the government told him what it plans to do with his property or how he can try to get it back. That Kafkaesque situation is unconstitutional, Ayala's lawyers at the Institute for Justice argue in a motion and memorandum they filed on Tuesday in the U.S. District Court for the District of Arizona. The motion seeks the return of the property seized from Ayala's business, saying there is no legitimate reason for the government to keep it.
"The government can't take your stuff, disappear, and then never explain itself," says Institute for Justice attorney Betsy Sanz. "For over a year and a half, the government has been holding Mario's money and property. This prolonged seizure violates the Fourth Amendment and federal law. The government cannot hold onto your property indefinitely without explanation so it can eventually take it permanently using civil forfeiture."
The raid on Ayala's store happened while he was visiting his ailing father in Mexico, who died a couple of months later. After Ayala's wife and son called to tell him what had happened, he rushed back to Arizona, where he tried to figure out why his business had been targeted by the IRS and the DHS. That was harder than you might think.
Ayala "has heard nothing from the government since they raided his business and seized his property," Sanz and her colleagues note in their memorandum. When the agents left, they told Ayala's son that "the business would receive a letter within thirty days," the memorandum says, but "no letter came," and the government "has not told Mario why it took his property or why it refuses to return it."
The agents left a one-page inventory of the property they took, including the computers, cellphones (two of which belonged to Ayala's customers), documents, and currency, although it did not specify the amount of money. They also left the first page of a warrant signed by a federal magistrate judge, which contained no information about the crime they were investigating or the property they were authorized to seize. It referred to attachments that might have clarified those points, but the attachments were missing.
Ayala still has not seen those attachments. But on the same day the agents raided his store, they also searched 18 other businesses in the Phoenix area, all of which offered money services. Judging from the warrants served on three of those other businesses, which were signed by the same magistrate judge at the same time on the same day as the warrant for Ayala's Mini Market, the legal justification for the searches was suspected violations of 31 USC 5324, which makes it a felony to "structure" a financial transaction with the intent of "evading" federal reporting requirements.
The Bank Secrecy Act requires that financial institutions report cash transactions involving more than $10,000 to the Financial Crimes Enforcement Network (FinCEN). Although that mandate is aimed at money laundering, someone can be guilty of structuring even without evidence of any other crime if he deliberately tries to avoid triggering a FinCEN report by breaking up a transaction into amounts below the threshold. As far as Ayala can tell, the search of his store was based on nothing more than suspicion of structuring.
If so, Ayala's lawyers argue, the IRS agents who participated in the raid violated a 2019 federal law that bars the agency from seizing money when structuring is the only suspected crime. Congress passed that law in response to IRS forfeiture abuses highlighted by the Institute for Justice. "For the IRS to legally seize property based on a structuring offense, it must also have an added suspicion of some other criminal act," Sanz et al. note. "Yet the IRS seized Mario's property, apparently on the sole suspicion of a structuring violation."
That is not the only legal problem with the seizure. Assuming the government plans to seek forfeiture of Ayala's money based on an alleged connection to criminal activity, it missed a crucial deadline. The Civil Asset Forfeiture Reform Act (CAFRA) requires the federal government to notify property owners of attempted forfeitures within 60 days of the seizure. That deadline passed a year and a half ago, and Ayala still has received no such notice.
"This notice is crucial because it informs a property owner that the government intends to forfeit his property and triggers his ability to respond by filing a claim or administrative petition," Ayala's lawyers note. If the government fails to meet that requirement, CAFRA says, it "shall return the property."
The government can seek extensions of the CAFRA deadline "only if there is reason to believe that notice may have an adverse result," such as "endangering the life or physical safety of an individual," "flight from prosecution," "destruction of or tampering with evidence," "intimidation of potential witnesses," or "otherwise seriously jeopardizing an investigation or unduly delaying a trial." None of those conditions applies in this case, Sanz et al. say, and their client "is unaware of the government seeking any such extension here."
Another possible rationale for keeping Ayala's property is that the government needs it as evidence in a criminal investigation. But his lawyers argue that the seized items "have no independent evidentiary value."
The government "cannot claim that it is holding the cash as evidence of the suspected structuring offense, because the government—in the usual course—does not continue to hold the physical cash it seizes but rather promptly deposits it," the memorandum says. "To prove the suspected offense here, the government would present evidence documenting the amounts and frequency of transactions and evidence that the defendant intentionally evaded reporting requirements. No fact the government must prove to establish a structuring offense becomes more or less provable by the government's continued possession of Mario's money."
Although "the checks and business documents that the government seized from Mario may at first have had some evidentiary value," Sanz et al. say, it could have long since returned the originals and kept copies. As for the computers and cellphones, "the government has had ample time to extract and copy" any relevant information.
While the benefits of keeping Ayala's property seem highly dubious, the cost to him has been severe. The seizure of the checks and currency wreaked havoc with his business model, which relies on money received for transfers to cash checks, which in turn are scanned and used to pay the companies that handle the transfers.
"The search and seizure of Mario's property upended his business," the memorandum says. "He had to keep his business closed until March 1, 2025, to replace the seized computers and to figure out how they could keep the business open. He took $50,000 of his own money out of the bank so that he could keep cashing customers' checks. When that ran out, the business had to stop cashing checks for a long time, losing customers."
Ayala "also had to come up with $112,097.20 to pay the money transmitters to cover the balance that had accrued while he was away," his lawyers add. "Since all the cash and cashed-but-unscanned checks had been seized, Mario needed to pay this money to the transmitters on his own. Though he did ultimately pay back all the money transmitters over the following month, the consequences of the raid damaged Mario's business relationship with one of the money transmitters he had formerly worked with, InterMex. Today, the business can no longer offer InterMex as an option for money transfers."
Ayala's business "is now finally stable, but it is still not doing as well as it was before the raid," Sanz et al. say. "Mario has changed the way he runs his business because of the raid. He now scans every customer's cashed check to send it to the money transmitters as soon as it is cashed, rather than collecting [checks] and scanning them together as they previously did. He constantly worries that his business will be targeted again."
In the 20 months since the raid, the government has not filed a forfeiture action or even notified Ayala that it intends to do so. Nor has it filed any criminal charges related to the seizure, as far as Ayala knows. "The government has no lawful reason to retain
Mario's property," his lawyers say, "and this Court should exercise its equitable jurisdiction to order its return."
The motion relies on Federal Rule of Criminal Procedure 41(g), which says "a person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return." The U.S. Court of Appeals for the 9th Circuit, which includes Arizona, has adopted four criteria for granting such a motion: whether the government "displayed a callous disregard for the constitutional rights of the movant," whether "the movant has an individual interest in and need for the property he wants returned," whether "the movant would be irreparably injured by denying return of the property," and whether "the movant has an adequate remedy at law for the redress of his grievance."
All of those factors count in Ayala's favor, Sanz et al. argue. Ayala's interest in the property and the injury he is suffering are clear, as is the absence of any other remedy. As for the first criterion, "the government can neither forfeit Mario's property nor justify holding it as evidence, so its continued retention is unreasonable under the Fourth Amendment," the memorandum says. "And its nearly 20 months of silence, without any notice or any forum in which to contest the seizure, offends due process. At every turn, the government has 'callous[ly] disregarded' Mario's constitutional rights."
Ayala immigrated to the United States from Mexico in 1991 and struggled for years to make a go of his business, which was successful enough at the time of the raid that he planned to open a new location devoted to cellphone repair. That plan is now on hold because of the financial difficulties caused by the seizure.
"This business is my American Dream, and the government took years of my hard work without telling me what I did," Ayala says. "This raid hurt me and my family. I hope this lawsuit gets my money back and helps make sure this doesn't happen to anyone else."
Since 1871, a federal statute has authorized Americans to sue state and local officials for violating their constitutional rights. But since 1982, thanks to the court-invented doctrine of qualified immunity, such claims have been allowed only when they allege violations of "clearly established" law.
Because courts often require plaintiffs to meet that standard by citing precedents involving closely similar facts, qualified immunity can prove insurmountable even for victims of outrageous abuses. But as two recent cases illustrate, there are limits to this license for misconduct, meaning officials may still be held accountable when they flout longstanding constitutional principles, even when they do so in novel ways.
In 2022, Mario Rosales and Gracie Lasyone sued two Alexandria, Louisiana, police officers, Samuel Terrell and Jim Lewis, alleging that they had pulled Rosales over without legal justification. The cops ordered Rosales and Lasyone, his girlfriend, out of the car and detained them for 21 minutes, during which they grilled the couple about illegal drugs, frisked Rosales, and instructed him to empty his pockets.
Terrell and Lewis sought refuge in qualified immunity. But last month, the U.S. Court of Appeals for the 5th Circuit ruled that Rosales and Lasyone had plausibly alleged several Fourth Amendment violations, including a stop based on a "fabricated traffic violation," an improperly prolonged detention, and unjustified searches.
In reaching that conclusion, the 5th Circuit relied mainly on a 1968 decision in which the Supreme Court said police may detain someone only if they reasonably suspect he is involved in criminal activity and may frisk him only if they reasonably suspect he is "armed and dangerous." Assuming the facts alleged in the lawsuit are true, the three-judge panel unanimously held, Terrell and Lewis had failed both of those tests.
When the officers stopped Rosales, the principles that the 5th Circuit applied had been the law of the land for more than half a century. Terrell and Lewis nevertheless argued that "any constitutional violation arising from the traffic stop was not clearly established," which gives you a sense of the chutzpah that qualified immunity invites.
Police commonly pull drivers over, ostensibly for traffic violations, in the hope of implicating them in drug crimes. A case that the U.S. Court of Appeals for the 8th Circuit considered this month involved a much more unusual scenario: a judge who locked two children in jail cells because he was frustrated by their resistance to a parental custody decision.
During a 2019 hearing in Taney County, Missouri, a divorced couple agreed that the mother would have primary custody of their two children, then 12 and 14. But contrary to that agreement, the children did not want to go home with their mother, which led to an argument in the courthouse lobby.
Judge Eric Eighmy intervened, telling the children they had to leave with their mother and repeatedly warning them that they could end up in foster care if they refused to do so. When that did not work, Eighmy jailed them until they became more cooperative.
"The time spent in the holding-cell area was between twenty and forty minutes," the 8th Circuit noted. And since Eighmy did not have probable cause to believe the children had committed any offense, "much less one that justified placing them in a holding cell," the court said, their confinement clearly violated the Fourth Amendment.
If so, Eighmy argued, he had no way of knowing that. The 8th Circuit panel unanimously disagreed: "As we put it over a decade and a half ago, long before the events in this case, 'it is clearly established that a warrantless arrest, unsupported by probable cause, violates the Fourth Amendment.'"
Notably, the 8th Circuit did not think the bizarre details of the case counted in Eighmy's favor. "We are not concerned about the lack of a prior case" with "fundamentally similar" facts, it said. "Indeed, given how clear the law is, it would have been surprising to find one."
On Monday, Mississippi Attorney General Lynn Fitch ruled that the police shooting of 1-year-old boy Kohen Wiley was a "justified" use of force. Kohen was fatally shot in June, outside of a Walmart, as cops investigated his mother and her friend for stealing diapers. Fitch didn't explain the reasoning behind the decision or what evidence was considered in a case that has sparked national backlash.
According to a June 14 statement from the Mississippi Bureau of Investigation (MBI), officers from the Senatobia Police Department (SPD) and Tate County Sheriff's Office were responding to a shoplifting call when "officers encountered two subjects and a juvenile child fleeing from the store into a vehicle." They "attempted to stop the vehicle, but the driver drove in the direction of the officers, almost striking one," and the officer then "discharged their weapon and the vehicle fled the scene." The family went to a local hospital, where 1-year-old Kohen Wiley was pronounced dead.
Kohen's mother, Vellesiya Wiley, has a different version of events, which she outlined in avideo on X following the tragedy. She said that after police tried to stop her friend (the driver) outside the Walmart, Wiley continued to go to her car, saying the interaction had "nothing to do" with her. Once she got into the car, her friend arrived and began to back out of the parking spot. Then officers came over to the car, drawing their guns. She says that after she raised Kohen to show him to the officers and try to defuse the situation, they opened fire. "[The police] tried to say that [my friend] forcefully was trying to drive and hit them, but they was all on the right side, and she was driving towards the left….They personally just shot at the car," she said. In the months since the incident, the family held several rallies, demanding justice for Kohen's death.
The tragedy of the shooting has been compounded by a lack of transparency from the SPD, as well as alleged expert analysis that counteracts the MBI's statement. According toreporting from Mississippi Today, Ben Crump, a civil rights attorney who is representing the Wiley family, claims that an independent autopsy conducted by forensic pathologist Robert Mitchell indicates that the bullets entered through the front passenger door, rather than the windshield, suggesting that the officer wasn't in the vehicle's path when he discharged his gun.
In response to Fitch's announcement on Monday, Crump released a statement asking, "How can anyone accept that conclusion when Kohen's family and the public still have not been allowed to see the body-camera footage?"
"If the footage supports the state's decision, release it. We will not stop fighting until this family gets the truth," he added. To this point, the SPD has declined to release the footage, saying it's standard procedure during an ongoing investigation.
Crump was also keen to point out complaints of racism in the SPD: "This is a department whose chief was fired after reports of racial slurs in his text messages, and whose officer faced a complaint alleging a racially offensive remark two days before he shot Kohen."
The SPD's chief at the time, Harold Vanderford, was unceremoniously fired after journalists from Mississippi Today, The New York Times, and Verite News revealed a slew of racist text messages he sent. According to reporting from Verite News, in one of the messages he said he "almost beat a nigger and white woman's ass a few minutes ago." Senatobia's Board of Aldermen rejected his attempted resignation and voted to fire him instead on September 1.
Crump also cited a complaint filed by Officer Dexter Smith, who claimed that Sergeant Hunter Foster, the officer who shot Kohen referred to him as "a black motherfucker" on June 12, just two days before the incident. According to reporting from Mississippi Today, Smith's complaint states that he was filling out paperwork in the booking room when he heard Foster say, "Who is this Black motherfucker back there?" to his colleagues. Smith claims to have had almost no relationship with Foster prior to the encounter.
It's hard not to feel outraged considering that this little boy lost his life over something as trivial as shoplifting—a misdemeanor in Mississippi that does not justify use of lethal force, as Reason's Joe Lancaster wrote in June—and for diapers no less. With the bodycam footage yet to be released, all the public is left with is the state's word that the investigation found no wrongdoing. Given the multiple instances of racism within the department, it shouldn't come as a surprise if the public isn't content to take them at their word.
Walking through East Cleveland, Ohio, feels a touch like you've wandered onto the set of a postapocalyptic film noir. Grand, gilded homes announce themselves on neighborhood streets, some crowned with turrets, many with windows punched out like missing teeth. Often, no one is home, because no one lives there. It is safer than 1 percent of U.S. cities.
That question is not really a legal one, at least not in the most technical sense. But it is the driving force behind a thorny case a federal court recently resuscitated: Fambrough v. City of East Cleveland, a saga concerning a man whose vehicle became an obsessive target of the East Cleveland Police Department (ECPD) after he used it to campaign for a mayoral challenger.
Some of the facts are in dispute. But the basic gist is as follows: William Fambrough, long a politically engaged East Clevelander, campaigned for Juanita Gowdy—a challenger to then-Mayor Brandon King—by broadcasting messages around the city with his sound truck. That ultimately came to an end after law enforcement impounded the car, cited him for parking and noise violations, and prosecuted him for the latter.
Fambrough sued, alleging the complex legal odyssey set into motion over his step van amounted to First Amendment retaliation, an unreasonable seizure under the Fourth Amendment, and a violation of the 14th Amendment's proscription against selective enforcement. The U.S. Court of Appeals for the 6th Circuit rejected some of those claims. But it resurrected claims against King and his chief of staff, Michael Smedley—depriving them of qualified immunity, the legal doctrine that inoculates state and local government officials from facing lawsuits if their alleged misconduct was not "clearly established" as illegal in prior case law. It also revived Fambrough's retaliation claim against the city.
As the 6th Circuit summarizes: King "says he received a phone call from a resident who complained about Fambrough's sound truck and someone else's box truck being parked in a residential area," so he told someone to take care of it. Scott Gardner, then the city's chief of police, "was concerned about selectively enforcing" the parking ordinance—which prohibits parking a truck in front of residential property, except for loading or unloading—because it is indeed almost never enforced. This was the beginning of a long pursuit, which ultimately saw a swarm of officers dispatched to Fambrough's house in August 2021 to confiscate the vehicle, allegedly resulting in $6,000 in damage. Fambrough also had to pay $528 in fees to get the damaged truck back.
"All the attention City officials gave Fambrough struck Gardner as unusual," the 6th Circuit notes. "The mayor's office wasn't this attentive even in homicide cases. And considering that the City had around only 50 police officers at the time and had 'serious crime problems,' Gardner thought it was odd to devote this much attention to permitting and parking issues." Based on available data, East Cleveland's violent crime rate is 1,409 per 100,000 residents, about four times higher than the national average.
Yet Gardner ultimately got on board. Smedley phoned him on August 9 "extremely upset," according to Gardner, and told the police chief he was "incompetent" for failing to "take care of" Fambrough's sound truck. Smedley wanted the "utmost enforcement as possible." So Gardner sent an email. "Please, find this vehicle and tow it," he wrote to all of ECPD. "Cite the operator with disturbing the peace and loud music. Please contact me as soon as this is complete to claim a surprise." A surprise!
Police succeeded. "On its face, the email told officers to tow Fambrough's truck regardless of whether it was parked illegally," writes the 6th Circuit. "And the Noise Ordinance authorizes seizure only of 'the sound device used,' and only upon conviction. So Gardner's instruction to tow the truck wasn't authorized by municipal law." The court still held that the seizure did not violate the Fourth Amendment. It also gave Gardner qualified immunity, ruling it is not clearly established that someone who acts as a conduit for someone else's alleged retaliation—which here came from the mayor's office—is a "responsible party."
Heather McCollough, the city's assistant law director, subsequently prosecuted Fambrough for allegedly violating the noise ordinance. According to a sworn declaration from Fambrough's attorney, McCollough outlined some of Fambrough's offenses on a call: that he "made complaints about the police department" and filed "public records requests," among other issues. Notably, it is legal to do those things. McCollough was typically willing to resolve minor noise complaints, she added, but not so much in this case, because Fambrough needed to "stand down." (He ultimately pleaded no contest to disorderly conduct, a reduced charge.)
Institute for Justice
"Only after [Fambrough] began supporting Gowdy's election was the weight of the law thrown against him," the 6th Circuit writes in its analysis of potential municipal wrongdoing. "And the City's police officers didn't uncover Fambrough's violations of their own accord. Instead, City decisionmakers sent them to Fambrough's home each time to enforce the Parking Ordinance. So the timing of the parking-related enforcement actions supports an inference that Fambrough's political speech was the motivating factor—as does the fact that the City rarely enforced the Parking Ordinance against anyone else despite having plenty of opportunities to do so." Incredibly, a photo of another truck can be seen down the street on the same day law enforcement came to fetch Fambrough's vehicle. (The law also includes pickup trucks, so the city arguably has a lot of enforcement to do if it sincerely believes this law matters.)
King allegedly set the chain of events into motion while Smedley took the driver's seat. "Smedley's pattern of incessantly calling and berating Gardner," the 6th Circuit adds, "clashes with the idea that Smedley was chiefly concerned with minor permitting, noise, or parking issues." After all, if that were true, why would the problem appear to begin and end with one person?
Over five years have passed since the ordeal. Although Fambrough is now potentially closer to getting in front of a jury, he has yet to actually state his case, still burdened by the onerous process government actors invoke to kill such suits before the community can assess the merits. King, meanwhile, won that election. He left office in May 2025, however, after he was found guilty of one count of theft in office, four counts of having an unlawful interest in a public contract, three counts of representation by public official or employee, one count of filing a false disclosure statement, and one count of soliciting improper compensation.
The Georgia officer responsible for killing a 1-year-old miniature donkey, HeeHaw, has filed a motion to dismiss the lawsuit against him, claiming the body camera footage proves he "reasonably believed the donkey posed an imminent threat to a fellow officer." But even if it doesn't, the officer argues he is immune from liability.
In the early morning hours of August 30, Hannah Michelle Israel was at her Cedartown home in western Georgia when she received a distressing phone call. A supervisor with the Cedartown Police Department "tersely informed [Israel] that a donkey on her property had been 'dispatched,'" according to her federal lawsuit. After some clarification, she learned that police had not only entered her enclosed private property in the middle of the night without permission while looking for a missing person, but also shot and killed her miniature donkey in the process.
Israel immediately set out to search for her beloved pet, HeeHaw, only to find her bottle-raised donkey's lifeless body alone in her field. Israel told ABC7 News the incident has left her "traumatized and shocked." She continued, "I honestly can't even believe he's not here…There's no words."
Demanding accountability, Israel filed a lawsuit in the U.S. District Court for the Northern District of Georgia in September against the shooting officer, Officer Trenton Ryan Garner, for violating her Fourth Amendment rights and submitted a separate demand for $1 million from the City of Cedartown.
Last week, Garner responded by asking the court to dismiss the case, arguing in part that he did not violate Israel's constitutional rights when he entered her property. Under the open fields doctrine, there is no reasonable expectation of privacy in one's pastureland, even if enclosed. Further, the motion argues, exigent circumstances existed in the search for a missing 12-year-old girl.
As far as HeeHaw is concerned, Garner claims he acted reasonably by using deadly force and argues the footage clearly shows HeeHaw "charging" and posing an "imminent threat to a fellow officer."
However, the footage, posted by the Civil Rights Lawyer Raw, may not be so clear-cut. Garner's body camera was off at the time of the shooting but had a "rolling buffer of video," a recording without audio of the 30 seconds preceding activation of the camera, according to court documents. During the silent portion, two officers and a bloodhound are in front of Garner with flashlights in a dark field. A small donkey, roughly 3 feet tall, appears and slowly moves toward one of the officers. The officer backs away slowly, but the donkey moves closer and picks up speed. Garner pulls his gun and fires. The donkey turns and runs before falling over.
Whether Garner reasonably believed HeeHaw posed an imminent threat to his fellow officer may be up for debate.
When the audio kicks in, a fellow officer asks, "Why'd you shoot it up?" "I don't know," Garner responds rather nonchalantly before telling dispatch he had to shoot a donkey because "it was trying to attack." If another officer on the scene wasn't sure why Garner used deadly force, perhaps the decision wasn't so reasonable after all.
In her lawsuit, Israel accuses Garner of needlessly killing HeeHaw "maliciously…and recklessly, with deliberate indifference…for [Israel's] constitutional rights." The suit continues: "No reasonable officer in…Garner's position would have believed that such force was necessary or justified."
But whether Garner acted reasonably or not by shooting HeeHaw, qualified immunity may still shield him from accountability. Qualified immunity is a legal doctrine that protects government actors from lawsuits alleging rights violations, unless the right is clearly established. In practice, that means plaintiffs must be able to point to a previous court ruling in a case with the same circumstances to show that the right was obvious to government officials.
The bar can be quite high to show a right is clearly established. For example, in March, the Supreme Court reversed a 2nd Circuit decision in a case involving an officer who was sued for using a rear wristlock to arrest a protester. The 2nd Circuit denied qualified immunity, reasoning that a previous case from 2004 clearly established that rear wristlocks used to arrest anti-abortion protesters constitute excessive force. But the Court disagreed, stressing that "principles stated generally, such as that 'an officer may not use reasonable and excessive force,' do not suffice."
And while there may be ample cases involving officers shooting pet dogs, cases involving miniature donkeys are in short supply. If the court finds that there is no clearly established rule that specifically prohibits officers from shooting a miniature donkey moving toward a fellow officer in the dark, the court may end up dismissing the case and sidestepping both the reasonableness and constitutional questions entirely.
Eve Livingston sensitively draws us into the worlds of two women who share a similar past: abusive partners who committed suicide. Through powerful scene‑setting, we’re there when each woman hears the news, and we feel the complex emotions these deaths provoke. This is a difficult, complicated subject—not often tackled. Livingston bravely shines a light on how, in these particular circumstances, suicide can bring both grief and relief.
Things started as they so often do: he was older, professionally successful in a similar field to Siri’s, and there was something “magnetic” about him. There was also, she came to realise, a darkness beneath the surface. A tragic bereavement in his past had left him struggling with his mental health, something which immediately evoked sympathy in Siri and made him seem a deeper and more sensitive person, qualities she was drawn to. At the beginning of their relationship, he would often turn up uninvited to her home or events she was attending, or bombard her with messages — behaviour she now views as stalking, but found flattering in those hazy early days of a new relationship.
A few years ago, Sebastian Barry—whose collected literary works, drawn from family history and lore, offer “a loser’s history of 20th-century Ireland”—announced that the final novel in his series would tackle the relationship between his parents. “The declaration seemed to set the table for a feast of disclosure,” writes Giles Harvey, who spoke with Barry for more than a year as the novel took shape. But the feast never arrived. The “career-spanning profile” Harvey once suggested to Barry becomes a study of abuse, memory, and revelation—one Barry’s forte, and now, perhaps, his greatest struggle.
Barry and I corresponded for the next year and a half, during which the novel appeared to be on course. Then, in July of last year, he sent me a surprising email. Something had happened in the time since his father died, Barry explained. “Where there was once a great need to proclaim aloud,” he wrote — neglecting to specify just what it was he’d felt the need to proclaim — Barry now found himself in a different state of mind. “A matter I thought so urgent and in need of saying” had come to seem better served by a “strange new beneficent silence.”
A young mother on the island of Crete confessed to judicial authorities on Tuesday that she had beaten her newborn baby. The 17-day-old infant is in critical condition and is struggling for its life with heave head injuries in the ICU of the Neonatal ICU in Heraklion. The 18-year-old mother apologized for beating her newborn […]
Carleton Gajdusek won the Nobel Prize for his work on a disease in Papua New Guinea. But his biggest experiment was on the children he took from the field to the US—many of whom he sexually molested, with the knowledge and, in some cases, approval of his professional peers and colleagues:
In his journals and in letters to colleagues, Gajdusek was self-righteous, arguing that what he’d done was “no more serious than lying on the grass or picking a dandelion,” and he cited the Anga initiation rites as justification. These ceremonies had brought boys into their communities, as part of a shared passage into manhood, but Gajdusek treated them as a timeless license for the acts that he’d committed privately, one boy at a time. George Klein, a professor at the Karolinska Institute, in Stockholm, who was part of the Nobel Assembly for thirty-six years, validated Gajdusek’s opinions, telling him that he wondered if “the Western world can ‘catch up with you.’” He wrote, “I share your indignation about the typically Jewish-Christian-Moslem hypocrisy on sexual matters.” Gajdusek was troubled, though, by how many colleagues wrote letters saying that they knew the charges must be untrue. “I thought better of my friends,” he said. “They are dissimulating and lying.”
Four turtles rescued from a fire-stricken area in northern Greece were found to have been abused by human thugs who painted their shells with orange oil paint.The discovery prompted the intervention of the Prosecutor’s Office in Thessaloniki on Tuesday. The unprecedented incident was revealed when members of the Wild Animal Rescue & Reintegration Team arrived […]
The European Union is bringing out the big guns in the face of widespread outrage over the use of Artificial Intelligence (AI) violating people’s privacy and dignity.
Brussels is considering the possibility of classifying the creation of sexual deepfakes as a prohibited practice under the Artificial Intelligence Act following the scandal involving sexualised images created by Grok AI, the chatbot integrated into Elon Musk’s X platform.
Grok outrage
Musk’s company xAI – after prolonged international criticism – has introduced new restrictions in mid-January on sexually suggestive AI-generated images in Grok. The move follows criticism that Grok allowed users to digitally replace women’s clothing with bikinis and, in some cases, create sexualised depictions of minors.
The first images of people being stripped naked without consent (“nudification”) began circulating in the days following the release of the feature, but their spread increased particularly around New Year’s Eve. According to CNN, between January 5 and 6 alone, Grok was used to generate at least 6,700 sexual images. These often involved women or minors.
“Grok is now offering a ‘spicy mode’ showing explicit sexual content with some output generated with childlike images. This is not spicy. This is illegal. This is appalling,” EU digital affairs spokesman Thomas Regnier told reporters back then.
The European Commission, which acts as the bloc’s digital watchdog, said it would take note of new measures taken by X and would review them. Officials warned that if the steps prove insufficient, the EU will consider using the full scope of its Digital Services Act (DSA).
European Commission Vice-President Henna Virkkunen has stated that the Commission is considering explicitly banning these types of AI-generated sexual images under the AI Act, classifying them as unacceptable risks.
The prohibition of harmful practices in the field of AI could be relevant to addressing the issue of non-consensual sexual deepfakes and child pornography, said Virkkunen, who is also the responsible commissioner for Tech Sovereignty, Security and Democracy, at this week’s plenary session of the European Parliament in Strasbourg. She also said the DSA mitigated the risk of online sexual material being disseminated without consent.
She also recalled that the Commission had sent a request for information to X regarding Grok as part of its investigation into the platform under the DSA.
The platform was asked to preserve all internal documents and data relating to it until the end of the year. “We are now examining the extent to which X may in any case be in breach of the DSA and will not hesitate to take further action if the evidence suggests it,” she said.
The Commission had previously stepped up pressure on X, which was fined 120 million Euro in early December over transparency violations. The EU has insisted it will enforce its rules despite causing backlash from the US administration.
“The DSA is very clear in Europe. All platforms have to get their own house in order, because what they’re generating here is unacceptable, and compliance with EU law is not an option. It’s an obligation,” Regnier said at the height of the scandal in early January.
Last week, a group of about 50 MEPs had called on the Commission to ban artificial intelligence apps used to create nude images from the EU market.
Illustration: 12 July 2025: In this photo illustration, the xAI Grok logo is seen displayed on a smartphone screen. Grok is a generative artificial intelligence chatbot developed by xAI. Photo: Algi Febri Sugita/ZUMA Press Wire/dpa
Can’t live without X
Despite criticism of X, nearly all senior EU officials continue to post there rather than on European alternatives, according to research by dpa.
European Commission President Ursula von der Leyen and other top officials still do not have official accounts on Mastodon, a Germany-based alternative. Virkkunen opened an official Mastodon account in January. High-ranking EU politicians are also active on Bluesky, another US-based platform currently gaining traction.
The Commission justifies continued use of X due to its reach: Mastodon has roughly 750,000 monthly users, compared with 100 million on X, according to the companies.
The long legal path towards better safety online
The path towards protection of minors in the EU is long-winded as concerns of privacy, business and protection clash. Several regulations intersect:
Chat Control
The Commission in 2022 proposed a regulation to require platforms to detect and report images and videos of abuse (child sexual abuse material or CSAM), as well as attempts by predators to contact minors.
The final legislation is expected to be negotiated in early 2026, aiming to bridge the gap between Parliament’s privacy-focused approach and the EU Council’s desire for broad voluntary scanning powers.
While extending temporary voluntary scanning measures until April 2026 to avoid a legal vacuum, MEPs have expressed urgency for a permanent solution.
October 9, 2025, Berlin: Members of the alliance “Stop Chat Control!” demonstrate in front of the Federal Ministry of the Interior. Civil society organizations demonstrate in front of the Federal Ministry of the Interior in Berlin against the planned EU-wide chat control and hand over more than 300,000 signatures. Photo: Fabian Sommer/dpa
DSA
The European Union uses the Digital Services Act to sanction online platforms by imposing massive fines, requiring immediate operational changes, and – as a last resort – temporarily suspending their services. It can apply fines if platforms violate DSA obligations, fail to comply with interim measures or breach commitments.
It is an EU regulation for a safer online world, requiring platforms to tackle illegal content, protect users, and increase transparency.
AI Act
The AI Act was adopted in 2024 and is the world’s first and only comprehensive legal framework in the artificial intelligence context. It establishes a risk-based system to regulate AI technologies within the EU, aiming to ensure they are safe, trustworthy, and respect fundamental rights while fostering innovation.
It bans certain unacceptable AI practices, such as social scoring, and sets rules for areas of high risk for AI use – like in critical infrastructure or employment. It also sets out restrictions on manipulative AI uses such as deepfakes targeting children, among others.
Social media bans
France, which is considering banning social media for children under 15, has been testing an age verification app developed by the European Commission since this summer. This tool is one of several methods used to verify the age of internet users, which is a headache for tech giants and authorities alike.
Individual efforts
The Spanish Minister of Youth and Children, Sira Rego, in early January asked the attorney general’s office to investigate whether Grok may be committing crimes related to the dissemination of child sexual abuse material.
Currently, Spain is developing its own law for the protection of minors in digital environments. The law strengthens the framework for protecting personal integrity and privacy against new forms of violation linked to the use of technologies such as artificial intelligence, reaffirming that the best interests of the child must always prevail over any digital business model.
Bulgaria has stepped up efforts to combat online child sexual abuse through international law enforcement cooperation, national prevention campaigns and policy discussions aligned with EU legislation. In 2025, Bulgarian authorities took part in a major international operation that shut down Kidflix, one of the world’s largest platforms for child sexual exploitation, used between 2022 and 2025 by nearly 2 million users.
Romania has legislative mechanisms in place to combat child sexual abuse material through its criminal code, and the authorities are seeking to expand and modernise these rules.
Since 2025 an important bill on the protection of children online (called the Online Age of Majority Law) has been under parliamentary debate, and Romania is also gradually participating in and implementing EU rules on the prevention and combating of online sexual abuse. The Online Age of Majority Law introduces mandatory age verification and parental consent for minors (under 16) to access online services such as social media, gaming and streaming platforms.
EU candidate country Bosnia and Herzegovina still has no specific law regulating this area. In BiH, criminal liability for the production, distribution and possession of such material is based on criminal laws that cover the sexual exploitation of children, but do not contain explicit provisions on AI-generated or simulated content.
The EU has put into place a set of complementary tools and measures to protect its citizens – young and old – from harmful practices online, but weak points include challenges in enforcement, algorithmic amplification of harm, inconsistent national implementation, and debates over balancing security with privacy.
This article is an ENR Key Story. The content is based on information published by ENR participating agencies.
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