Excessive Force

News & Analysis as of

When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the...more

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

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

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

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

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

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

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

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

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...

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

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...

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

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

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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