The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the chaos. If anything, Sosenko’s continued presence only seemed to energize and fuel the fight as McDay became increasingly agitated and A.C., in turn, became increasingly invested in the fight.” United States v. McDay, 2020 U.S. Dist. LEXIS 38242 (N.D. Ohio Mar. 5, 2020).<\/p>\n\n\n\n
Plaintiff plausibly alleged an excessive force claim for the force used to arrest him for a nonviolent misdemeanor offense. The district court also erred in applying Younger because plaintiff did not seek to enjoin his state court prosecution. Warren v. Houston<\/a>, 2020 U.S. App. LEXIS 6943 (4th Cir. Mar. 5, 2020).* The clear potential for violence in a volatile domestic disturbance was exigency. “As is evident from the video, the exigency did not terminate due to the passage of time or as a result of [Off.] Sosenko’s attempts to manage the … Continue reading
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