Police, The Fourth Amendment, Qualified Immunity

Judge Barbara B. Crabb holds it okay for police to make a domestic violence arrest because one adult brother pushed the other

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Case: Bradley v. Flynn, Dist. Court, WD Wisconsin 2015

What happened: One adult brother (“landlord brother”) rented to the other adult brother (“tenant brother”) the basement of landlord brother’s house as an apartment. During a dispute over overnight guests, tenant brother pushed landlord brother out of the basement apartment and locked the door. Police came and arrested tenant brother for domestic abuse.

Criticism: This seems like an exceedingly slight basis for a domestic violence arrest.

Another criticism: Judge Crabb gave short shrift to the argument that the push was “privileged” because tenants have a right to use force to expel unwanted guests.

Written by Burgers Allday

January 18, 2015 at 8:02 am

Posted in Uncategorized

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