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Section: Point of Law
Point of Law
Judge Halts MN's Updated Use of Force Standards
Originally, officers were authorized to use deadly force to “protect the peace officer or another from apparent death or great bodily harm.” But the updated language cut the word “apparent,” and added three requirements to justify that use of deadly force. Specifically, the officer must be able to articulate the threat and the danger must also be likely to occur unless an officer takes action.
September 14, 2021
Point of Law
New York Trooper Sues Buffalo Over Injuries Suffered in 2020 Riot
The lawsuit is alleging that that the City of Buffalo violated numerous regulations, policies and procedures which resulted in Trooper Ensminger's injury.
September 13, 2021
Point of Law
AG Garland Announces New Rules Regulating Consent Decree Monitors
Monitoring teams — usually composed of former police officials, lawyers, academics and police-reform consultants — have typically billed local taxpayers between $1 million and $2 million per year. Some consultants have served on federal oversight teams in more than one city at the same time, drawing criticism over conflicts of interest.
September 13, 2021
Point of Law
Officers Sue Los Angeles Over Vaccine Mandate
“The city does not and cannot point to any evidence that vaccinated individuals have longer lasting or more complete immunity than those who have recovered from COVID,” according to the complaint filed against the city of Los Angeles, its police chief, mayor and administrative officer.
September 13, 2021
Point of Law
Group Sues Saying Minneapolis Disband the Police Ballot Question is Too Vague
A lawsuit from a group of city residents argues the ballot question's wording is still too vague, even after the city council approved new language last week.
September 13, 2021
Point of Law
OR DA Drops 12 Excessive Force Cases Filed Against Officers Over Portland Riot Response
Multnomah County (OR) District Attorney Mike Schmidt has declined charges in 12 use of force investigations against Portland Police Bureau officers responding to protests.
September 7, 2021
Point of Law
Judge Forces Minneapolis City Council to Rewrite Disband the Police Ballot Question
District Court Judge Jamie L. Anderson noted that the original language was "vague, ambiguous" and "unreasonable and misleading." The judge also wrote that it would amount to "substantial harm" if the ballot question were put off to a future election.
September 7, 2021
Point of Law
CA Assembly Passes Police Bill That Restricts Qualified Immunity, Creates Decertification Process
Gov. Gavin Newsom now has 12 days to sign or veto the bill, which passed the California Assembly with a vote of 46 to 18 on Friday. It was previously passed in the state Senate on May 26 with a vote of 26 to 9.
September 6, 2021
Point of Law
Family of Slain FL Officer Sues His Accused Killer
The family of Daytona Beach, FL, police officer Jason Raynor who died August 17 after being shot in the head in June is suing the man accused of killing him.
September 6, 2021
Point of Law
Judge Rules OK Officer's Fatal OIS Justified, Dismisses Murder Charge
On Thursday, Oklahoma County Special Judge Lisa K. Hammond dismissed the charges, saying “the state failed to establish” that a crime was committed.
September 3, 2021
Point of Law
Judge: Oakland Police On Track to Get Out from Under Federal Oversight
“The light at the end of the tunnel is closer and brighter than it has been at any time since I’ve been sitting on the case, and I think that’s a result of the ongoing commitment of every important player to this process,” Judge William Orrick said. However, he added, “more work is needed.”
September 2, 2021
Point of Law
Colorado Officers and Paramedics Charged in 2019 Death
The indictment comes just over two years after Elijah McClain, 23, died after being detained by the officers and injected with the sedative ketamine by paramedics.
September 1, 2021
Point of Law
Philadelphia DA Hits Police Department with Contempt Over Sharing of Officer Misconduct Data
For years, the DA’s Office and police have been clashing over the collection of the information stored in the Conviction Integrity Unit’s Police Misconduct Disclosure Database.
August 11, 2021
Point of Law
Point of Law: Detention After Finding No PC
Make sure your policies protect the constitutional rights of the detainee and comply with the law.
August 11, 2021
Point of Law
Justice Department Announces Investigation of Phoenix PD
Phoenix Police Chief Jeri Williams said her department has already engaged in reform efforts and would cooperate with Justice officials.
August 5, 2021
Point of Law
Charlotte Officers, City Sued Over Protest Response
The lawsuit accuses CMPD and members of its command staff of drawing up a plan to end the night’s protests in Uptown over the death of George Floyd with “a retaliatory and punishing show of force ... to discourage future protests against police.”
August 4, 2021
Point of Law
Charlotte City and Police Settle with Civil Rights Groups Over Protest Tactics
The terms of the settlement force extensive revisions to CMPD directives, including a ban on the use of CS tear gas during protests and a ban on the use of chemical weapons to “kettle” or trap protesters.
July 23, 2021
Point of Law
Austin-Area DA Apologizes to Officer, Drops Charges of Excessive Force
On Tuesday, Travis County District Attorney José Garza announced the pending indictment against APD Officer Gregory Gentry was dismissed “in the best interest of justice."
July 20, 2021
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