police4aqi

Police, The Fourth Amendment, Qualified Immunity

If the police have to come and get you, they’re bringing an asskicking with them!

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Case: MONTGOMERY v. WARREN COUNTY (S.D.Miss. 12-27-2011)

What happened: Plaintiff fled car accident (which was a crime). Police caught up with him later and arrested him roughly. Plaintiff sues for excessive force.

Decision: Police may end up being liable here. While the opinion suggests that the police might have been privileged to be allowed to beat up the suspect while he was fleeing, there was no evidence that plaintiff resisted arrest when police found him at a substantially later time. Defendant’s Heck defense was also denied because the alleged excessive force cast no doubt on plaintiffs’ criminal convictions.

Comment: Heck doesn’t usually seem to help the police too much in excessive force cases — and this one is a good example of that.

Headline Credit: Chris Rock (natch!).

Written by Burgers Allday

January 2, 2012 at 8:53 am

Posted in Uncategorized

Tagged with ,

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