Police, The Fourth Amendment, Qualified Immunity

HAZLETON v. TRINIDAD, 11-15418 (11th Cir. 7-26-2012) (unpublished)

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The district court correctly observed that, “if an arresting officer does not have the right to make an arrest, he does not have the right to use any degree of force in making that arrest.” The officers acknowledge using “minor physical force” and pepper spray in arresting Ms. Hazleton. There is, thus, no doubt that the officers deployed at least “de minimis force” in effectuating a warrantless arrest that we have already said is, for our purposes here, unlawful. As a result, we conclude that the district court did not err in denying summary judgment on this issue.

Comment: I think other circuits have contrary law on whether unlawful arrests are automatically considered as excessive force.

Written by Burgers Allday

July 28, 2012 at 8:03 am

Posted in Uncategorized

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