Topic
Excessive force
192 published works
EvidenceProf Blog
United States District Court for the Western District of Washington Finds Experts Can’t Testify About Use of Appropriate Force in Excessive Force Case
By Colin Miller
Federal Rule of Evidence 704(a) states thatAn opinion is not objectionable just because it embraces an ultimate issue.That said, while experts are allowed to render opinions on ultimate factual issues,…
New York Injury Cases Blog
Pain and Suffering Damages Award against Police Department Addressed on Appeal in Excessive Force Case
On February 13, 2009, at 5 a.m., Anthony Shimukonas was asleep in his East Harlem apartment when he was awakened by what sounded like an explosion. It was a squad…
Arbitration Matters
Court vacates award reinstating police officer who struck handcuffed individual
A court has vacated the award of Arbitrator Jane Wilkinson reinstating Seattle police Officer Adley Shepherd. City of Seattle, Seattle Police Department v. Seattle Police Officers' Guild, Arbitrator Jane Wilkerson…
New Jersey Public Safety Officers Law Blog
Appellate Division Orders Civil Service to Consider New Evidence in NJDOC Sergeant’s Removal Appeal
On July 30, 2019, the New Jersey Appellate Division issued a formal opinion in Docket No.: A-3194-17T1 reversing an earlier decision by the the Civil Service Commission (CSC) refusing to…
Nahmod Law
City of Escondido v. Emmons: Another SCOTUS Summary Reversal in a Qualified Immunity Excessive Force Case
The Supreme Court handed down City of Escondido v. Emmons, No. 17-1660 (per curiam), on January 7, 2019. In this qualified immunity excessive force case, the Court summarily reversed and…
ImmigrationProf Blog
Lawsuit Claims that Immigration Agents used “excessive force” during Tennessee raid
Aljazeera reports on a lawsuit filed yesterday accusing U.S. immigration agencies of using excessive force, violence and racially profiling workers during a raid at a meatpacking plant last year. The National…
EvidenceProf Blog
Season 3, Episode 3 of Serial: The Battle of the Bulge & the Cleveland Haberdashery That Changed Criminal Law
By Colin Miller
Today was the premiere of Episode 3 of Season 3 of the Serial Podcast: "Misdemeanor, Meet Mr. Lawsuit." At the center of the episode was the case of Erimius Spencer, who "filed…
Understanding the ADA
Reconsider Using Graham v. Connor as the Basis for Training Police on Excessive Force
Before starting the blog entry of the week, I want to wish all my Jewish brethren a happy new year. Here is hoping that it is a healthy, happy, and…
Constitutional Law Prof Blog
Second Circuit: Police Use of LRAD May Violate Fourteenth Amendment
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its unanimous opinion in Edrei v. Maguire (Bratton), a panel of the Second Circuit upheld the the denial…
Sentencing Law and Policy
Judge “convicts” Michael Slager of murdering Walter Scott and gives him 20 years in federal prison
Main December 7, 2017Judge "convicts" Michael Slager of murdering Walter Scott and gives him 20 years in federal prison As noted in this prior post, in federal court there was…