Police, The Fourth Amendment, Qualified Immunity

Unexplained “gaps” in an arrest video

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Case: GEIST v. AMMARY, Civil Action No. 11-07532, (E.D. Pennsylvania, December 20, 2012)


Notably, the video tape I considered in my analysis contains gaps in the recording. Although the Court will not make inferences in Plaintiff’s favor that are contradicted by the videotape, there is a notable gap, among others, at the outset of the contact between Ms. Wilson and Officer Ammary. Given the facts in the Complaint and the lack of evidence pertaining to the initial contact between Ms. Wilson and Defendant Ammary, I cannot conclude on a motion to dismiss, that Defendant Ammary’s actions were objectively reasonable under the circumstances. However, in order to ultimately succeed on the excessive force claim, the Plaintiff must show that the officer’s actions were unreasonable in light of the circumstances of the arrest.

Question: Is the judge suggesting that the police and/or school authorities tampered with evidence?

Written by Burgers Allday

December 27, 2012 at 7:07 am

Posted in Uncategorized

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