police4aqi

Police, The Fourth Amendment, Qualified Immunity

“Failure to train” civil claim, based on lack of video, fails

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Case: THOMAS v. ADRAHTAS, Case No. CIV-11-721-L (W.D. Oklahoma, December 20, 2012)

What happened: Disputed facts, but elderly man claims that he was beat up for no good reason by Thomas P. Adrahtas, the Assistant Chief of Police and Police Officer for the City of Medicine Park, Oklahoma.

Decision:

To the extent plaintiff complains about the lack of video documentation of the August 13, 2009 incident, the court agrees with defendants that plaintiff has failed to show how this failure is sufficiently causally connected to plaintiff’s injury to support his failure to train or supervise claim. Plaintiff has not shown that video documentation of traffic stops is required under any law or city policy or that the lack of a video caused his injury.

Comment: I think the lack of video evidence is probative of excessive force. Admittedly, it is not dispositive, but summary judgement standards for qi are not defeated only by dispositive evidence.

Written by Burgers Allday

December 27, 2012 at 6:45 am

Posted in Uncategorized

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