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Categories: Point of Law

New Mexico Gov. Michelle Lujan Grisham (D) signed a bill Wednesday ending qualified immunity for all government workers, including police. New Mexico is the...

https://www.policemag.com/602060/new-mexico-ends-qualified-immunity-for-all-government-workers-including-police
Categories: Point of Law

The 96-page lawsuit names Mayor Lovely Warren and former Police Chief La’Ron Singletary, who was fired in the fallout from Prude’s death. Other defendants...

https://www.policemag.com/601937/lawsuit-filed-against-rochester-police-for-culture-of-brutality
Categories: Point of Law
Point of Law: Training is No Laughing Matter

Trying to inject humor into police training, especially use-of-force training, can be a terrible mistake.

https://www.policemag.com/601930/point-of-law-training-is-no-laughing-matter
Categories: Point of Law
TX Deputies Indicted for Manslaughter Over 2019 In-Custody Death

Former Williamson County sheriff's Deputies J.J. Johnson and Zach Camden are charged with manslaughter after they chased Javier Ambler II, 40, in a 2019...

https://www.policemag.com/601003/tx-deputies-indicted-for-manslaughter-over-2019-in-custody-death
Categories: Point of Law
New York Legalizes Marijuana, Expunging Some Convictions

Under the final legislation, New Yorkers will be allowed to possess 3 ounces of marijuana and grow up to three mature pot plants at home, with a limit of...

https://www.policemag.com/600988/new-york-legalizes-marijuana-expunging-some-convictions
Categories: Point of Law

The qualified immunity doctrine is used in state and federal court, so it's unclear how a city can revoke the potential protection it provides to officers.

https://www.policemag.com/600783/new-york-city-plans-to-end-qualified-immunity-for-officers
Categories: Point of Law

The lawsuit was filed Thursday by civil rights attorney Ben Crump in the U.S. District Court for the Eastern District of Wisconsin.

https://www.policemag.com/600320/jacob-blake-sues-kenosha-officer-over-shooting
Categories: Point of Law

The lower courts ruled that police could enter the home and under the so-called the community care-taking exception to the Constitution's warrant...

https://www.policemag.com/600157/supreme-court-hearing-case-on-when-officers-can-enter-home-without-warrant
Categories: Point of Law

The court determined that in order to sue for excessive force under the Fourth Amendment, it is not necessary for a plaintiff to have been physically seized...

https://www.policemag.com/600152/supreme-court-makes-it-easier-to-sue-police-for-excessive-force
Categories: Point of Law

Some justices expressed concern about public safety if tribal officers lacked power to stop and detain non-Native Americans. Conservative Justice Clarence...

https://www.policemag.com/599860/supreme-court-considering-case-involving-jurisdiction-of-tribal-police-on-public
Categories: Point of Law

The Covid-19 Hate Crimes Act aims to increase Justice Department oversight of coronavirus-related hate crimes, provide support for state and local law...

https://www.policemag.com/599328/biden-urges-congress-to-pass-hate-crime-legislation-in-response-to-attacks-again
Categories: Point of Law

On other motions Friday, Judge Peter Cahill ruled that only portions of the events surrounding Floyd's drug arrest in Minneapolis in May 2019 are admissible...

https://www.policemag.com/599322/chauvin-trial-judge-denies-change-of-venue-continuance-motions
Categories: Point of Law
2 Chauvin Trial Jurors Dismissed After Admitting City's Settlement with Floyd Family Makes Them Biased

Hennepin County District Judge Peter Cahill removed the two who said under his questioning they had heard about a federal lawsuit settlement reached last...

https://www.policemag.com/599066/2-chauvin-trial-jurors-dismissed-after-admitting-citys-settlement-with-floyd-fam
Categories: Point of Law
Chauvin's Attorney Requests Venue Change, Continuance After Settlement Paid to Floyd's Family

Eric Nelson, Chauvin’s defense attorney, questioned the “suspicious timing” of the settlement and argued it was “highly prejudicial” against his client. He...

https://www.policemag.com/598772/chauvins-attorney-requests-venue-change-continuance-after-27-million-settlement-paid-to-floyds-family
Categories: Point of Law

Under the legislation, anyone who "accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or...

https://www.policemag.com/598416/kentucky-senate-passes-bill-that-could-criminalize-taunting-officers
Categories: Point of Law

“I think it’s a potential disaster for (former officer Derek) Chauvin,” said Mary Moriarty, former chief Hennepin County public defender. She said if she...

https://www.policemag.com/598415/george-floyds-family-settles-with-minneapolis-for-27-million
Categories: Point of Law
Austin Officer Charged with Murder Over On-Duty Shooting

Mike Ramos was the subject of a call about a man with a gun using drugs when police confronted him in the parking lot of an Austin apartment complex last April.

https://www.policemag.com/598298/austin-officer-charged-with-murder-over-on-duty-shooting
Categories: Point of Law
Chauvin Now Facing Third-Degree Murder Charge

The decision was a victory for prosecutors who had sought to re-add the charge against Derek Chauvin, the officer filmed with his knee on George Floyd’s...

https://www.policemag.com/598293/chauvin-now-facing-third-degree-murder-charge
Categories: Point of Law
Family of Man who Died After Arrest Sues Rochester, Individual Officers

In a 27-page complaint, the family says that Daniel Prude's death, and alleged attempts by the department and city officials to later cover it up, violated...

https://www.policemag.com/598160/family-of-man-who-died-after-arrest-sues-rochester-individual-officers-1
Categories: Point of Law

U.S. District Judge John F. Walter ruled against county attorneys who argued the deputies' names should remain under seal because releasing them would make...

https://www.policemag.com/598004/4-l-a-county-deputies-may-be-identified-in-lawsuit-by-kobe-bryants-widow
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


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