Category Archives: Excessive force

Legal Insurrection: “ACLU Effect” — Profs find reduction in Chicago Stop and Frisk led to hundreds of additional killings

Legal Insurrection: “ACLU Effect” — Profs find reduction in Chicago Stop and Frisk led to hundreds of additional killings by William A. Jacobson:

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CA9: Pro se ptf’s allegation that the officers “beat the crap out of” him was not too vague and conclusory to support an excessive force claim

“[T]he allegation that the officers ‘beat the crap out of’ plaintiff was [not] too vague and conclusory to support a legally cognizable claim. The panel held that plaintiff’s use of a colloquial, shorthand phrase made plain that he was alleging … Continue reading

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D.Utah: Shooting of def in court attempting to stab witness on stand with a pen was reasonable use of force

The CSO shooting plaintiff’s decedent in the courtroom was reasonable under all the circumstances as a matter of law, shooting him four times in quick succession after he came over the rail around the witness box. Decedent grabbed defense counsel’s … Continue reading

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CA9: Officer putting gun to head of handcuffed compliant suspect and threatening to kill him was excessive force, but QI applied

“Examining the facts in the light most favorable to plaintiff, the non-moving party on summary judgment, the panel assumed that the police officer did indeed point his gun at plaintiff’s head and threatened to kill him. The panel held that … Continue reading

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CA7: Controlled buy corroborated CI

“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading

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HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video

HuffPo: Tennessee Sheriff Said ‘I Love This Shit’ After Ordering Deputies To Shoot Suspect: Video by Hayley Miller Sheriff Oddie Shoupe told officers that he would rather they use deadly force than risk damaging patrol cars, according to bodycam footage.

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CA11: Takedown of otherwise compliant arrestee was reasonable

Plaintiff’s takedown by the officer was reasonable under the circumstances and not excessive, even if she was otherwise compliant. “Even assuming that Horn was totally compliant with Officer Barron, he was allowed to use some force in effecting her arrest. … Continue reading

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WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank

WaPo: A police officer fatally shot a man while responding to an emergency call now called a ‘swatting’ prank by Eli Rosenberg and Herman Wong

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NYLJ: Admissibility of Expert Testimony on Police Use of Force | and a video of the cross of one

NYLJ: Admissibility of Expert Testimony on Police Use of Force by Martin A. Schwartz:

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CA10: Officer’s firing gun at car fleeing after traffic stop wasn’t seizure; driver’s “momentary pause is not submission”

“Oriana Lee Farrell and her five children claim that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from … Continue reading

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CA11: It’s reasonable to assume the person named in an arrest warrant is home at 11 pm

Officers had an arrest warrant for plaintiff and a reasonable belief he’d be at home at 11 pm in February when it would be presumed one would be home. He’d listed that place as his address during a prior arrest, … Continue reading

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Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control

Rare.us: Horrific new bodycam footage shows what happens when a police K9 gets out of an officer’s control by Patrick McMahon:

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