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Police protection; some courts say officers can assert immunity for shootings that are an excessive use of force

Article Abstract:

Snyder v. Trepagnier, pending before the US Supreme Court in the 1998-99 term, poses the question whether police officers can claim immunity for shootings that use execssive force and whether the court will double their protection by allowing them to argue twice that their shootings were reasonable. Qualified immunity protects officers from paying damages if their conduct was reasonable as measured by clearly established law. The answer will resolve sharp conflict among the circuits.

Author: Urbonya, Kathryn R.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
Laws, regulations and rules, Police shootings

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Pleading the fourth; plaintiffs may be able to sue under seizure law in high-speed chases

Article Abstract:

The Supreme Court's May 1998 ruling in County of Sacramento v. Lewis held that the 14th Amendment imposes liability for police pursuit driving only if the officers act with the malicious intent to hurt the pursued. If the pursuit constitutes an unreasonable seizure, however, the plaintiff may be able to sue for a Fourth Amendment violation. Seizure arguments that distinguish winning seizure cases from losing ones are listed.

Author: Urbonya, Kathryn R.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
Searches and seizures, Police pursuit driving

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Forcing the issue; activist veterinarian seeks rights for arrestees as well as animals

Article Abstract:

The Supreme Court's grant of certiorari in Saucier v. Katz, in which the defense claims that police officers can use the qualified immunity defense from unreasonable force claims, is discussed.

Author: Urbonya, Kathryn R.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2001
Police, Complaints (Civil procedure), Police misconduct

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Subjects list: United States, Government liability, Cases
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