“If Jarvela had wanted to surrender, he should not have fled on foot.”
K9 Warnings May (or May Not) Be a Good Idea
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Category: Use of Force
Pretending to Have a Gun Leads to Being Shot with a Real Gun
The officer who shot Tubby did not violate Tubby’s constitutional rights to be free from unreasonable seizures
Flight from Crashed Car Created Probable Cause for Arrest
The trial court denied Nyah’s motion to suppress
“Maximum Resistor” Maneuver
The court of appeals upheld the grant of summary judgment to the officers
TASER Deployment After “Surrender” Garners Qualified Immunity for Deputy
In recent rulings, the Supreme Court has repeatedly and harshly corrected lower courts’ misapplication of the standard for qualified immunity
Police Use of Force: Managing Risk and Mitigating Harm
Relying on the latest research study to support a use of force tactic is risky
Officers Get Qualified Immunity, but Not Under the Fourth Amendment
This case illustrates that not all lawsuits filed under 42 U.S.C. § 1983 allege a violation of the Fourth Amendment
Does Failure to Warn Before Shooting Equal Liability?
An officer is “not required to wait and hope for the best”
Video Evidence, TASER Device Discharge Weighed in Court
This case provides an unusual opportunity for you to decide what should happen
No Liability When Suspect Refused to Show Hands, Acted as if Drawing a Gun
The officers effectively balanced their investigatory mission with tactical considerations
With 2 Rulings, SCOTUS Rebukes Lower Courts and Doubles Down on Qualified Immunity Guidance
The Court has made clear that qualified immunity decisions must be specific to the facts of each case
Duty to Intercede and the Five Pillars of Organizational Risk Management
From an organizational culture perspective, the legal duty to intercede must be far more expansive