Police, The Fourth Amendment, Qualified Immunity

Do seniors get favorable treatment in suits against the police?

with one comment

My informal review of cases, over the past couple of years in doing this blog, leads me to think that they do. More specifically, I think plaintiffs, over, say, 70 years old tend to win cases that younger plaintiffs would not tend to win (that is, generally, to defeat summary judgement (sj) on qualified immunity (qi) in favor of the police). I can’t prove this. I don’t think it is any sort of huge problem, but I do think it is interesting, so I decided to link a couple recent cases where my gut tells me that younger plaintiffs probably would have lost:

LOVI v. Village of Arlington Heights, Dist. Court, ND Illinois 2014 (In therapy, senior makes a statement that is arguably a “threat” and police respond by arguably going overboard with aggressive “community caretaking”).

Martinez v. Mares, Dist. Court, D. New Mexico 2014 (Innocent senior, caught in some suspicious circumstances, disobeys police officer (!!!), but still might have had the right not to be cuffed and frisked by police during his Terry stop).

Please don’t take this post the wrong way — in so far as I am in a position to adjudge, I think the senior plaintiffs deserved to win their respective cases here. Again, I just feel that a couple of, say, 35 year old, plaintiffs in similar circumstances would not have survived sj.

Written by Burgers Allday

August 10, 2014 at 8:39 am

Posted in Uncategorized

One Response

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  1. […] I recently reported on Martinez v. Mares here. […]

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