Topic
Excessive force
192 published works
Nahmod Law
Identifying Officers in Police Excessive Force Cases: Sixth Circuit Rules that Summers v. Tice Does Not Apply
The Issue We know that in both tort law litigation and section 1983 litigation a plaintiff must allege and prove by a preponderance of the evidence that the defendant’s conduct…
Death Penalty
Markeith Loyd Trial Date Set for October: Lenamon’s Death Penalty Defense Includes Issues of Police Excessive Force and Insanity
By Reba Kennedy
The death penalty trial of Markeith Loyd for the death of Orlando Police Officer Debra Clayton has been reset by the Honorable Leticia Marques to October 8, 2021, when jury…
Simple Justice
No Resisting Dementia
As we watch the video, we know that Karen Garner is 73 years old, maybe 80 lbs. and suffers from dementia. That can, and should, inform what we see. How…
Civil Service Disqualification Appeals Attorney Blog
Correction Officer Receives 60 Days Suspension for Excessive Use of Force
In the Matter of Department of Correction v Stanley Saint-Phard... In this disciplinary proceeding, pursuant to Article 75 of the Civil Service Law, Respondent, a Correction Officer, allegedly used impermissible…
EvidenceProf Blog
Does the Rule From Torres v. Madrid Apply to Unintended Victims?
By Colin Miller
In its opinion last week in Torres v. Madrid, the Supreme Court held "that the application of physical force to the body of a person with intent to restrain is…
Constitutional Law Prof Blog
Court Says a Shooting by Police is a Seizure, even if victim gets away
Steven D. Schwinn, University of Illinois Chicago School of LawThe Supreme Court ruled this week that a shooting by police officers is a "seizure" under the Fourth Amendment, even if…
California Public Agency Labor & Employment Blog
New Ruling Expands Liability for Using Excessive Force and Broadens the Basis for Disciplining Police Officers in California
In 2017, a police officer with the City of Huntington Beach (“Officer Esparza”) saw a man standing on a sidewalk who caught his attention (“Mr. Tabares”). Officer Esparza noticed Mr.…
Simple Justice
5th Circuit Holds Torching By Taser Reasonable
The call was for a troubled person in a troubling situation. Gabriel Eduardo Olivas was suicidal, having doused himself with gasoline, so his son called 911. Two Arlington, Texas, police…
Tort Talk
Judge Leeson Addresses Validity of Section 1983 Excessive Force Civil Rights Allegations
To the extent you may have an excessive force civil rights cause of action, you may be interested in the recent Opinion issued by Eastern District Federal Court Judge Joseph…
On Brief: Iowa's Appellate Blog
Iowa Supreme Court: Tort Claims Act governs excessive-force claims under the state Constitution
By Rox Laird
A plaintiff with a claim under the Iowa Constitution for damages against the State or its employee must follow the procedures prescribed by the Iowa Tort Claims Act, including the…