welcome back to the lackluster channel in april of 2019 18 year old logan davis had just finished up work and stood underneath an awning to escape the rain while waiting for his dad to come pick him up officer jeremy whaleman of the sterling police department noticed him and pulled into the lot to confront him there was no 911 call no alarm bells just an 18 year old standing there listening to music and staring at his phone the first 30 seconds of the conversation was not captured by the dash cam as officer whaleman failed to turn on his mic this is important later absolutely there's a there's a city ordinance that that says you will actually dispatch i'll be out with the subject that barbecue bandage16 so hey i'm telling you right now when i request that you identify yourself i have a lawful reason to stop you you have to identify yourself because you're standing in front of the closed business empty and you're loitering oh my lord and i just got off the point how am i supposed to verify that brother officer whaleman has accused logan of loitering so the 18 year old pulled aside his jacket to expose his uniform and his name tag providing evidence to dispel the officer's suspicions as he had just got off work but this wasn't enough for the officer who still wanted logan to show his id but upon refusing to offer more than his first name logan was instructed to turn around and put his hands behind his back okay well now let me see here okay well let me see your id okay i'm telling you i want your id you don't need it though well turn around put your hands behind your back because you're not identifying yourself no it's because i want your id logan is now thrown backwards to the ground with his head pressed into the pavement more officers arrive on scene to back up williman and the teen soon finds himself in the back of a patrol car a supervisor on scene asks officer whaleman if logan had shown him his t-shirt to which the officer denied i didn't know he'd work there yeah other than himself yeah for sure you'd be like hey show you a shirt or nothing just no just wouldn't even show me his id that's all he had to do the officer's decision to misrepresent material facts in a manner favorable to the officer seems to demonstrate a consciousness of guilt and eventually logan's father arrives on scene so all these businesses are closed right listen okay so i come i see him standing over here at all these close businesses so i pull up and i want to talk to him just to make sure he's good to go all right and i say hey man that's okay that's cool i just need your id so i can write your name down there i talk to you and then he starts getting listening to talk to him because all these businesses are closer he works right here i didn't know that okay so why is he arrested because he fought with me when i tried to get his id he fought with you so you can pick him up from our station what do you mean he fought with he thought did he resist it yeah yep listen all i'm saying is he works right here i understand why would y'all arrest him if he works right here because i didn't know that how do i know that he works there how do i know that hey you know what we've been living out here 17 years never had problems with steering heights police right steven hacks police pretty good yeah absolutely then we go through this crap well let me explain something to you because don't let me talk no let me talk okay here's the deal okay if your business was right here and your business was closed and somebody would call it if your business was closed would you want me to stop and talk to him just to see what was going on according to officer whaleman the police were increasing patrols in sterling heights due to a string of break-ins in the area this included an attempted break-in at a cafe just two doors down from logan's workplace however the series of break-ins had occurred over two years prior and the perpetrator had already been arrested and pleaded guilty there is no federal law that requires u.s citizens to identify themselves when approached by police officers that being said individual states have the authority to create their own stop and identify statutes michigan allows officers to conduct what is known as a terry stop this is when a person is briefly detained if an officer has reasonable articulable suspicion that they're involved in criminal activity while reasonable suspicion is a lower standard compared to probable cause it still doesn't mean an officer can simply detain anyone they please an officer needs more than just a hunch or a guess they need something concrete and obvious that suggests the suspect may be involved in some kind of crime logan was officially charged with loitering and resisting arrest both of his charges were eventually dropped in march of 2022 logan's family sued officer waleman and the sterling heights police department the officer asked the court to dismiss all causes of action via summary judgment the ruling from the district court was split to better explain what that all means i've collaborated with the institute for justice and americans against qualified immunity here's keith neely to break it down my name is keith neely and i'm an attorney at the institute for justice working in our project on immunity and accountability in our last collaboration with lackluster my colleague patrick giacomo talked about the importance of civil liability in cases involving police officers and how qualified immunity often prevents officers from facing accountability what's unique about the davis case is that the court here held davis could overcome qualified immunity on his wrongful arrest claim but could not overcome qualified immunity on his excessive force claim in other words even though the court determined that no reasonable officer would believe he had the authority to arrest davis it nonetheless held that the officer's decision to throw davis to the ground during that unlawful arrest was sufficiently reasonable to warrant qualified immunity the reason for this apparent discrepancy is that courts apply different independent tests when evaluating the lawfulness of an arrest and the lawfulness of an officer's use of force although some federal circuit courts have considered creating a rule that any use of force and an unlawful arrest is per se unconstitutional no court has done so and the court declined to do so in this case what's worse even though davis has defeated qualified immunity on some of his claims the officer has already appealed the case to the sixth circuit this is because of a rule unique to qualified immunity cases that allows officers who have been denied qualified immunity to immediately appeal in any other case davis claims would now proceed to trial on the merits where he would have the opportunity to prove that his constitutional rights were violated but instead he'll be fighting over qualified immunity again in the appellate courts it's plainly unjust and if you think this is unjust two consider checking out americans against qualified immunity ij's grassroots effort to end qualified immunity nationwide at www.aaqi.org and if you're interested in ij's other work including our work defending free speech economic liberty property rights in school choice check out our youtube channel or our website at www.ij.org as for officer whaleman he was disciplined for failing to turn on his microphone at the beginning of the encounter and was ordered to complete de-escalation training a big thanks to the institute for justice and americans against qualified immunity for their help with this video be sure to check out their links in the description and pinned comment if you'd like to learn more about their organizations and how you can help as always thanks for watching if you have a video you'd like to submit for review use the link in the description or pinned comment don't forget to subscribe and hit the bell notification 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