{"id":8576,"date":"2013-05-19T11:03:04","date_gmt":"2013-04-04T06:55:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-04T06:55:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8576","title":{"rendered":"CA9: Jury verdict for unnecessary killing of motorist in high speed chase affirmed"},"content":{"rendered":"

Defendant California State Highway Patrol officers were involved in a high-speed chase with decedent. The car was stopped, and the jury could reasonably conclude, and obviously did, there was no further threat to safety when one of the officers emptied his gun into decedent, killing her. The force was excessive under the Fourth and Fourteenth Amendment. \u201cPlaintiffs alleged that police officer Stephen Markgraf violated federal and state law when he shot and killed their mother Karen Eklund at the end of a high-speed chase. The panel held that it was clearly established that a police officer violates the Fourteenth Amendment due process clause if he kills a suspect when acting with the purpose to harm, unrelated to a legitimate law enforcement objective. Determining that the jury reasonably found that Markgraf shot Eklund with a purpose to harm unrelated to a legitimate law enforcement objective, the panel held that Markgraf could not assert qualified immunity in a post-verdict motion for judgment as a matter of law.\u201d A. D. v. State of California Highway Patrol<\/a>, 712 F.3d 446 (9th Cir. 2013).*<\/p>\n

Defendant counsel was not ineffective for not objecting to third parties consent to search that was clearly voluntary and with apparent authority. Van Nguyen v. United States, 2013 U.S. Dist. LEXIS 47766 (E.D. Tex. February 27, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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