police4aqi

Police, The Fourth Amendment, Qualified Immunity

Magistrate Judge Lowe on punching a fleeing, non-violent suspect

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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.

Quote:

[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.

Written by Burgers Allday

December 31, 2011 at 7:22 am

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