Magistrate Judge Lowe on punching a fleeing, non-violent suspect
Case: MCMAHON v. FURA (N.D.N.Y. 12-23-2011)
Decision: Seems to indicate that Syracuse, New York’s “disorderly crowds” statute is unConstitutional, specifically void for vagueness. Police may end up being liable for excessive force.
[T]he Court is unable to conclude as a matter of law that a reasonable officer would believe that punching a fleeing, non-violent suspect in the jaw would be lawful. Therefore, the excessive force claim against Defendant Fura will proceed to trial.
Comment: Fleeing suspects are usually a bit outside the intended zone of focus for this here blog. However, the line about punching the suspect in the jaw was too good to pass up.