police4aqi

Police, The Fourth Amendment, Qualified Immunity

Man allegedly surrenders to police, but is beaten anyway

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Case: BENNETT v. KRAKOWSKI, 10-2455 (6th Cir. 11-18-2011)

Interesting quote:

Though both Plaintiff and Defendants acknowledge that Plaintiff initially ran, Defendants fail to take into account the rest of the facts as stated by Plaintiff, such as his non-resistance, and his acquiescence to the Officers’ commands that he stop. For purposes of the motion, the Officers do not credit Plaintiff’s statement that he surrendered and voluntarily lay on the ground with his arms extended. In arguing that their conduct was reasonable and their use of force was not excessive, they take little, if any, account of the evidence offered by Plaintiff. This court has stated that “[m]ere conclusory statements that the officers construe the facts in the light most favorable to the plaintiff cannot confer jurisdiction upon this Court.” Thompson, 656 F.3d at 368. Defendants fail to construe the evidence in the light most favorable to Plaintiff, which indicated that Plaintiff, contrary to Defendants’ statements, did not resist arrest and obeyed the commands of the Officers. Therefore, because Defendants’ arguments regarding their claim that they are entitled to qualified immunity are based on contested facts that are pertinent to that determination, this court does not have jurisdiction to decide this issue.

Though both Plaintiff and Defendants acknowledge that Plaintiff initially ran, Defendants fail to take into account the rest of the facts as stated by Plaintiff, such as his non-resistance, and his acquiescence to the Officers’ commands that he stop. For purposes of the motion, the Officers do not credit Plaintiff’s statement that he surrendered and voluntarily lay on the ground with his arms extended. In arguing that their conduct was reasonable and their use of force was not excessive, they take little, if any, account of the evidence offered by Plaintiff. This court has stated that “[m]ere conclusory statements that the officers construe the facts in the light most favorable to the plaintiff cannot confer jurisdiction upon this Court.” Thompson, 656 F.3d at 368. Defendants fail to construe the evidence in the light most favorable to Plaintiff, which indicated that Plaintiff, contrary to Defendants’ statements, did not resist arrest and obeyed the commands of the Officers. Therefore, because Defendants’ arguments regarding their claim that they are entitled to qualified immunity are based on contested facts that are pertinent to that determination, this court does not have jurisdiction to decide this issue.

Written by Burgers Allday

November 22, 2011 at 7:52 am

Posted in Uncategorized

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