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Categories: Point of Law
Democratic Leaders in Congress Pushing for End of Qualified Immunity

Rep. Ayanna Pressley (D-MA) and former Rep. Justin Amash, a Libertarian from Michigan, first introduced the legislation last year in the wake of anti-police...

https://www.policemag.com/597171/democratic-leaders-in-congress-pushing-for-end-of-qualified-immunity
Categories: Point of Law
Point of Law: Excessive Force and Failure to Intervene

In Alston v. Swarbrick, Florida deputies faced potential claims of wrongful arrest, unreasonable use of OC spray, and "bystander liability."

https://www.policemag.com/597025/point-of-law-excessive-force-and-failure-to-intervene
Categories: Point of Law
Editorial: Attacking Qualified Immunity

Activists have launched a political and legislative campaign to make it even easier to sue you.

https://www.policemag.com/596878/editorial-attacking-qualified-immunity
Categories: Point of Law
L.A. County DA Gascón Hires Cop Hating Public Defender as High-Ranking Prosecutor

The Los Angeles Police Protective League issued a statement on the hiring that reads in part: "Once again, Gascón is thumbing his nose at crime victims by...

https://www.policemag.com/596353/l-a-county-da-gascon-hires-cop-hating-public-defender-as-high-ranking-prosecutor
Categories: Point of Law
Family of Slain Washington Deputy Sues County, Claims Lack of Backup

“Pierce County knowingly put Deputy McCartney in the untenable position of responding without any immediate back-up,” part of the lawsuit said. “But for...

https://www.policemag.com/595150/family-of-slain-washington-deputy-sues-county-over-lack-of-backup
Categories: Point of Law

The bill also raises the cap for damages paid to victims and allows jurisdictions to revoke an officer's pension.

https://www.policemag.com/595146/maryland-bill-would-end-qualified-immunity-for-officers
Categories: Point of Law

The legislation, which would have prohibited an officer from using sovereign or qualified immunity as a defense in court, was set aside to be studied by the...

https://www.policemag.com/593426/measure-to-repeal-qualified-immunity-defeated-in-va-general-assembly
Categories: Point of Law

In a letter sent Wednesday to Georgia Attorney General Chris Carr, newly elected Fulton County District Attorney Fani Willis cited the conduct of former DA...

https://www.policemag.com/592742/case-against-former-atlanta-officer-over-rayshard-brooks-shooting-transferred-to
Categories: Point of Law
Ice Cream Makers Launch Campaign to Make It Easier to Sue Police

“We are now united in a coalition that is resolved to end this get-out-of-jail free card for bad cops,” Ben Cohen told reporters during the briefing. “It is...

https://www.policemag.com/592426/ice-cream-makers-launch-campaign-to-make-it-easier-to-sue-police
Categories: Point of Law

Well-meaning officers need to be trained that the ‘warrior model’ of policing does not fly in Baltimore; that the city is not made safer by a perception in...

https://www.policemag.com/592107/judge-baltimore-pd-has-all-the-elements-necessary-to-succeed-under-consent-decre
Categories: Point of Law

Under the California Constitution and California Civil Code section 52.3, the AG is authorized to conduct civil investigations into whether a law...

https://www.policemag.com/591759/ca-attorney-general-launches-civil-rights-investigation-of-lasd
Categories: Point of Law

A state senate version of the bill would have removed qualified immunity for individual police officers, potentially exposing them to civil lawsuits. This...

https://www.policemag.com/590595/illinois-legislature-passes-bill-mandating-body-cameras-for-all-officers
Categories: Point of Law

In its motion, the prosecution argued that putting off the trial until June 7 "appropriately balances the need to protect public health with the need to...

https://www.policemag.com/589350/prosecutors-want-to-delay-former-officers-trial-over-floyd-death-because-of-covi
Categories: Point of Law
Sentence Reduced for CO Man who Killed Cop as Juvenile

Under that court filing, the prosecution and defense also agreed that Raymond Gone should face a new sentence of between 40 to 48 years in prison with the...

https://www.policemag.com/587802/sentence-reduced-for-co-man-who-killed-cop-as-juvenile
Categories: Point of Law
LA County DA Wants to Drop Special Circumstances Against Accused Cop Killer

In June 2019, police say Rhett Nelson shot LASD deputy Joseph Gilbert Solano in the back of the head while he was waiting in line at an Alhambra Jack in the...

https://www.policemag.com/586717/la-county-da-wants-to-drop-special-circumstances-against-accused-cop-killer
Categories: Point of Law
Judge Holds Seattle Police in Contempt Over Use of Less-Lethal Weapons at Protests

The Monday ruling by Judge Richard Jones of the Western District of Washington in Seattle said the department had failed to prove that its use of pepper...

https://www.policemag.com/585933/judge-holds-seattle-police-in-contempt-over-use-of-less-lethal-weapons-at-protes
Categories: Point of Law

Anderson’s order rejected the city of Minneapolis’ attempt to throw out the lawsuit because the city said residents lacked standing to sue.

https://www.policemag.com/584301/judge-rules-minneapolis-residents-can-sue-city-over-reduced-police-protection
Categories: Point of Law
Lawsuit Accuses Chicago Officers of Brutalizing, Violating Rights of 60 Protesters

The 203-page lawsuit was filed Thursday in federal court on behalf of 60 people who claim they were victimized by officers during protests

https://www.policemag.com/583361/lawsuit-accuses-chicago-officers-of-brutalizing-violating-rights-of-60-protester
Categories: Point of Law

According to the complaint, Sydanmaa was disciplined three times for separate posts on Hussle, the allegations of sexual assault against Supreme Court...

https://www.policemag.com/583060/lapd-officer-suing-city-over-discipline-related-to-his-social-media-posts
Categories: Point of Law
New L.A. County DA Reopens 4 Fatal Officer-Involved Shooting Cases

Newly elected Los Angeles County District Attorney George Gascón has selected a deadly 2015 police shooting in Long Beach as one of four cases he plans to...

https://www.policemag.com/582578/new-l-a-county-da-reopens-4-fatal-officer-involved-shooting-cases
Categories: Point of Law
Judge Denies Former Minneapolis Officers a Change of Venue in Floyd Trial

"No corner of the State of Minnesota has been shielded from pretrial publicity regarding the death of George Floyd. Because of that pervasive media...

https://www.policemag.com/581548/judge-denies-former-minneapolis-officers-a-change-of-venue-in-floyd-trial
Categories: Point of Law
North Carolina Chief, Sheriff Sued Over Election March Incident

Lt. Daniel Sisk, a spokesman for the Graham police, told reporters Sunday that no one was directly pepper-sprayed in the face and it was the crowd that...

https://www.policemag.com/581390/north-carolina-chief-sheriff-sued-over-election-march-incident
Categories: Point of Law
Laser Pointers Banned from Public Gatherings in Los Angeles

LAPD Lt. Christopher Zine said Los Angeles has had 20 incidents of laser pointers being used to blind or distract people this year, and not just police...

https://www.policemag.com/581386/laser-pointers-banned-from-public-gatherings-in-los-angeles
Categories: Point of Law
Oregon Decriminalizes Possession of Heroin, Meth, and Cocaine

Under the new law instead of criminal prosecution, people in possession of heroin, meth, cocaine, and/or LSD would face a $100 fine, which can be waived if...

https://www.policemag.com/581381/oregon-decriminalizes-possession-of-heroin-meth-and-cocaine
Categories: Patrol, Point of Law

The Connecticut Supreme Court ruled against governmental immunity for an officer earlier this month, ending a case that began seven years ago when the...

https://www.policemag.com/580578/connecticut-supreme-court-rules-against-new-haven-officer
Categories: Point of Law
Minneapolis Resident Sue City Over Lack of Police Presence

“Every single night on any block in this neighborhood you can hear gunshots!” Cathy Spann said. “Every single freaking night!”

https://www.policemag.com/579277/minneapolis-resident-sue-city-over-lack-of-police-presence
Categories: Point of Law

California Gov. Gavin Newsom on Wednesday signed a number of police reform bills that ban chokeholds and carotid restraint techniques and allow the state's...

https://www.policemag.com/576678/clifornia-bans-police-use-of-carotid-restraint-techniques-chokeholds
Categories: Point of Law

The bill was prompted after deputies in the Los Angeles County Sheriff’s Department took unauthorized photos of the deceased at the site of the Bryant...

https://www.policemag.com/576515/new-ca-law-would-prohibit-officers-taking-unauthorized-photos-of-bodies-at-crime
Categories: Point of Law
KY Lawmaker Wants to Change Legal Definition of

Kentucky law currently states that participating in a riot where someone damages property is enough to face first-degree felony charges.

https://www.policemag.com/576208/ky-lawmaker-wants-to-change-legal-definition-of-rioting-after-colleague-charged-with-rioting
Categories: Point of Law

Gov. Andy Beshear did not directly criticize or praise the grand jury's decision, but called on Kentucky Attorney General Daniel Cameron to release as many...

https://www.policemag.com/575551/kentucky-governor-asks-attorney-general-to-release-breonna-taylor-evidence
Categories: Point of Law

The Virginia House of Delegates on Tuesday narrowly passed a bill to eliminate qualified immunity for police, a legal defense that often prevents officers...

https://www.policemag.com/573610/virginia-house-votes-to-eliminate-qualified-immunity-for-police-bill-goes-to-sen
Categories: Point of Law

The version of the law that was sent to the governor leaves the door open for creating an entirely new state-level office to investigate police shootings,...

https://www.policemag.com/572664/california-assembly-passes-legislation-requiring-attorney-general-to-investigate
Categories: Point of Law
Should Your Agency Resurrect the Use-of-Force Continuum?

When seconds mean lives and officers and other public safety professionals are responding from all directions, it's critical that someone shows leadership.

https://www.policemag.com/570608/should-your-agency-resurrect-the-use-of-force-continuum
Categories: Point of Law

The “diaphragm clause” of the law — which allows for DAs to bring a misdemeanor charge if an officer uses any move during an arrest that could limit...

https://www.policemag.com/567739/ny-police-unions-sue-over-citys-new-use-of-force-law
Categories: Point of Law

Sexton was watching officers distribute speeding tickets in the city's downtown area on January 30, 2019, when he began filming and yelling obscenities and...

https://www.policemag.com/567590/man-files-first-amendment-violation-suit-against-colorado-officers
Categories: Point of Law
Point of Law: Using the Baton

Your agency's use-of-force policy needs to specify when the baton can be used, the legal justification for its use, and what to do afterward.

https://www.policemag.com/567243/point-of-law-using-the-baton
Categories: Point of Law

The attorney said he will argue that the charges against Thao are not supported by probable cause. Prosecutors must prove that Thao knew former officer...

https://www.policemag.com/566857/attorney-for-fired-officer-charged-in-death-of-george-floyd-files-motion-to-dism
Categories: Point of Law

The suit, filed in U.S. District Court for the District of Minnesota, alleges that the officers violated Floyd’s constitutional rights. It claims that the...

https://www.policemag.com/564406/george-floyds-family-files-lawsuit-against-officers-and-minneapolis
Categories: Point of Law
Atlanta DA May Have Violated Law in Investigation of Officers

The grand jury had been suspended on March 13 because of the COVID-19 pandemic. And legal experts say Howard's grand jury subpoena with no grand jury in...

https://www.policemag.com/564229/atlanta-da-may-have-violated-law-in-investigation-of-officers
Categories: Point of Law

Under current law, anyone who is convicted of assaulting a law enforcement officer is guilty of a Class 6 felony and is subject to a mandatory minimum term...

https://www.policemag.com/562122/virginia-senate-democrats-want-to-downgrade-assaulting-officers-from-felony-to-m
Categories: Point of Law
The Law and the LEOSA Carry Right

The Law Enforcement Officer Safety Act says that officers and retired officers can carry concealed in all areas of the United States. But it's not that simple.

https://www.policemag.com/562012/the-law-and-the-leosa-carry-right
Categories: Point of Law
Senate Democrats Torpedo GOP's Police Reform Bill

On one major point of dissension between the parties, the Republican bill leaves intact the “qualified immunity” standard that Democrats want to erode, to...

https://www.policemag.com/561053/senate-democrats-torpedo-gops-police-reform-bill
Categories: Point of Law
Daigle Law Group to Hold Use-of-Force Summit in December

Issues covered include: use-of-force trends, de-escalation and incapacitation, developing scenario-based training, how video is being weaponized, crowd...

https://www.policemag.com/560921/daigle-law-group-to-hold-use-of-force-summit-in-december
Categories: Point of Law

The Supreme Court passed up at least seven cases Monday that would have allowed it to reconsider aspects of qualified immunity for police.

https://www.policemag.com/559711/supreme-court-declines-to-hear-cases-involving-qualified-immunity-for-officers
Categories: Point of Law

The bill, called the “Justice in Policing Act,” would ban chokeholds and no-knock warrants in drug cases, according to a House Democratic aide and a bill...

https://www.policemag.com/558595/democrats-in-congress-propose-national-police-reform-bill-bans-chokeholds-and-no
Categories: Point of Law
Know the Limits of Your First Amendment Rights

Law enforcement officers can be disciplined for speaking their minds. Here's a primer on how the First Amendment covers and doesn't cover you on the job.

https://www.policemag.com/552280/know-the-limits-of-your-first-amendment-rights
Categories: Patrol, Point of Law

An officer with the Denver Police Department will not face criminal charges after he shot and killed a gang member who was wanted for armed robbery and who...

https://www.policemag.com/551316/colorado-officer-will-not-face-charges-in-killing-of-armed-man
Categories: Point of Law

The Supreme Court said in an 8-1 decision that unless there's reason to believe otherwise, it's common sense for an officer to think the car's owner will be...

https://www.policemag.com/549817/scotus-backs-police-in-traffic-stops
Categories: Point of Law
Using Electronic Control Weapons

Your agency's policy needs to specify in what situations ECWs can be used and the responsibilities of officers for gathering evidence after use.

https://www.policemag.com/548416/using-electronic-control-weapons
Categories: Point of Law
Louisiana Deputy Cleared in Fatal OIS at No-Knock Drug Raid

Prosecutors will not bring charges against a West Baton Rouge, LA, deputy who fatally shot a Port Allen man during a drug raid at a motel last summer.

https://www.policemag.com/548013/louisiana-deputy-cleared-after-fatal-shooting-in-no-knock-drug-raid


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