Police, The Fourth Amendment, Qualified Immunity

Some cases are tough to call . . .

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Oftentimes whilst sifting through the 4aqi court opinions, in order to decide which ones to blog, I encounter a case where I feel that it is a very close question as to whether a claim of liability by police should survive summary judgement and make it to trial. Usually I do not blog those cases unless they involve an interesting (to me) legal issue.

Today, however, I will link to a case that I consider to be close even though no interesting legal issues are involved. I am linking to it just so that interested readers can get a feel for the type of case that I, Burgers, consider to be a close call. In this case, the judge is allowing the excessive force claim to survive summary judgement (sj) and proceed to trial (it will probably settle, they generally do). On the other hand, the judge is giving summary judgement favorable to the police on some of the other claims. I have no idea how I would have decided this one, were I the judge.

Without further delay, the story of a distraught mom, a getting-to-be-all-grown-up daughter and some tough policemen:

HERNANDEZ v. KUNKLE, Case No. C12-178 RSM (W.D. Washington, January 15, 2013)

Written by Burgers Allday

January 20, 2013 at 1:13 pm

Posted in Uncategorized

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