Police, The Fourth Amendment, Qualified Immunity

It is okay to slap a policeman if you are 80 years old*

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In today’s case, the police wanted to come into the home of an 80 year old woman, but she did not want them there.  Unfortunately, she made the mistake of telling the 911 operator that she thought she was having a heart attack, apparently due to the stress of the police visit.  For example, the police threatened to smash her door in with a sledge hammer.  The 80 year woman relented and let the police come in.  She ended up: (i) slapping one of the policemen; and (ii) getting thrown on the ground.**  She was charged with misdemeanor battery, but the prosecutors threw out the charge. The 80 year old woman brought a 4A civil suit against the police. She lost on her unreasonable search claim, but her excessive force claim for getting thrown down is allowed to proceed towards trial.***

Link to the case


* Disclaimer:  should go without saying, but the post title is facetious and should not be taken as practical advice and/or legal advice.

** It has not yet been established as to the order in which the slapping and the getting thrown down happened.

***  As lawyers in the audience will understand, the case may well settle before there is a trial.

Written by Burgers Allday

October 19, 2016 at 7:24 am

Posted in Uncategorized

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