Police, The Fourth Amendment, Qualified Immunity

Judge Lisa Godbey Wood says it is okay for police to shoot a guy for not “freezing” the second he is told to “freeze”

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Case:  MELLS v. City of Darien, Dist. Court, SD Georgia 2016

What happened:  While plaintiff’s trailer was being searched, plaintiff allegedly fell on the floor of the trailer.  As plaintiff was allegedly moving between a position of lying down on his stomach and getting up to his feet, police allegedly said “freeze,” and proceeded to shoot him when he did not immediately freeze.  Plaintiff survived and sued for compensation for his injuries.

Decision:  Sj of qi for the police.

Criticism:  I am not even sure it is possible for one to “freeze” when one is in the middle of getting up off the floor.  It certainly doesn’t sound like objectively reasonable grounds for shooting.  Have to wonder whether Judge Godbey Wood was improperly influenced by the fact that, after the shooting, police allegedly found a substance “believed to be cocaine” in the trailer.

Written by Burgers Allday

February 20, 2016 at 11:38 am

Posted in Uncategorized

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