News & Analysis as of

Excessive Force

United States Supreme Court Shuts Down Ninth Circuit’s "Provocation Rule"

In an October 2010 use of force case arising out of an incident in Los Angeles County, the Ninth Circuit attempt to expand officer liability with the “Provocation Rule” was struck down by the United States Supreme Court....more

County of Los Angeles v. Mendez

U.S. Supreme Court Rejects Ninth Circuit’s “Provocation Rule” - The Ninth Circuit’s provocation rule makes an officer’s otherwise reasonable use of force unreasonable if (1) the officer “intentionally or recklessly...more

25 Years after the LA Riots

On April 29, 1992, a not-guilty verdict for the four Los Angeles Police Department officers who had been charged with assault and the use of unreasonable and excessive force on Rodney King, sparked the LA Riots. Today, in an...more

Police Arrest Videos Not Considered Confidential

by Best Best & Krieger LLP on

The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

The Supreme Court - December, 2016

by Dorsey & Whitney LLP on

The Supreme Court of the United States granted certiorari in seven cases on Friday afternoon: Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189: 1) Whether a "conditional sale" that transfers title to...more

Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the...more

Esquivel v. City of Yuma

Jones, Skelton & Hochuli attorneys Michele Molinario and Amelia Esber prevailed by summary judgment in a 42 U.S.C. § 1983 civil rights action against the City of Yuma and one of its law enforcement officers. This case...more

Tasing is for Safety, Not Punishment: Even Non-Lethal Force Can be Deadly

by Sands Anderson PC on

South Boston police responded to the local Super 8 Motel in the wee hours of May 3, 2013. They came because they’d received phone calls from Linwood Lambert, Jr. asking somewhat unclearly for help. When they arrived, they...more

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

U.S. Supreme Court Decision Might Foreshadow Expansion of the Qualified Immunity Defense in Excessive Force Cases

by Wilson Elser on

The past several years have seen a slew of high-profile excessive force cases, often highlighted by cell phone or dash-cam video. These cases have placed increasing pressure on local police departments, which continue to...more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

by Wilson Elser on

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

by Best Best & Krieger LLP on

Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

by Sands Anderson PC on

Police Officers are often faced with unimaginable circumstances that most of society runs away from. However, police officers took the oath to protect and serve, and to run towards that danger. Sometimes, running towards...more

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

by Sands Anderson PC on

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Supreme Court Decides Kingsley v. Hendrickson

by Faegre Baker Daniels on

On June 22, 2015, the U.S. Supreme Court decided Kinsgley v. Hendrickson, No. 13-1175, holding that to prove an excessive force claim, a pretrial detainee need show only that an officer’s deliberate use of force was...more

US Supreme Court Ruling Impacts Jail Operations

by Poyner Spruill LLP on

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

The Rest of the Story: Search for the Truth in Use of Force Cases

The late radio personality Paul Harvey had a famous show called “The Rest of the Story.” Harvey would bait his audience with a cliffhanger story based on sketchy facts, let them reach a conclusion, and then finish it with...more

What is Excessive Force? Don’t ask the experts!

We are all very familiar with the recent incidents that occurred in Ferguson, Missouri and New York City. These two incidents brought to the national spotlight (yet again) the difficult, split-second decision making required...more

Scrutinizing A Law Enforcement Officer's Tactical Decisions Before Using Deadly Force

by Best Best & Krieger LLP on

BB&K Attorney Tamara Bogosian Anaylzes Recent Court Decisions That Call for Monday Morning Quarterbacking - The U.S. Supreme Court made clear in the 1989 landmark ruling of Graham v. Connor that hindsight was not the...more

BB&K Police Bulletin: Use of Deadly Force: Officers’ Pre-Shooting Conduct Included in the Totality of Circumstances Test...

by Best Best & Krieger LLP on

Overview: Deputies shot and killed Shane Hayes inside his home. His daughter filed suit against the deputies and the county for excessive force, Fourth Amendment violations, negligent wrongful death and claims against the...more

Utah Employment Law Letter - October 2013: EMPLOYEE MISCONDUCT: How a police officer hanged himself with a bracelet

by Kirton McConkie PC on

Police officers have a tough job. They have to deal with people at their worst, and they always need to be wary of potential threats and dangers. Because of this stress and given the unique authority they possess, it’s...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

BB&K Police Bulletin: Taser Excessive Force - Police Use Excessive Force by Firing Taser in Dart Mode at Passive Bystander

by Best Best & Krieger LLP on

Overview: The Ninth Circuit Court of Appeals recently held that Washington state police used excessive force when firing a Taser in dart mode at a passive bystander. The sergeant and four officers had already tased an elderly...more

January 25, 2012 - The Federal Crimes Watch Daily

by McNabb Associates, P.C. on

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

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