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Section: 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 called on Hennepin County District Court Judge Peter A. Cahill to “at least” call back the jurors already seated in the case to question them to see if they had read the news of the settlement and if they could continue to be impartial in the case.

March 15, 2021

Chauvin Attorney

Kentucky Senate Passes Bill That Could Criminalize Taunting Officers

Under the legislation, anyone who "accosts, insults, taunts, or challenges a law enforcement officer with offensive or derisive words, or by gestures or other physical contact, that would have a direct tendency to provoke a violent response" would be guilty of a misdemeanor and face up to 90 days in jail and fines.

March 12, 2021

George Floyd's Family Settles with Minneapolis for $27 Million

“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 were Chauvin’s attorney, she would request a mistrial.

March 12, 2021

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.

March 11, 2021

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 neck during an arrest last May. He is already charged with second-degree murder and second-degree manslaughter in the Floyd's death.

March 11, 2021

Hennepin County District Court Judge Peter A. Cahill, who is overseeing Derek Chauvin's trial, reinstated a third-degree murder charge against Chauvin Thursday. (Photo: Screen Shot from Live Washington Post Video)

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 his constitutional rights protecting against unreasonable search and seizure. Officials also failed to adequately respond to his medical condition, the complaint states.

March 10, 2021

4 L.A. County Deputies May Be Identified in Lawsuit by Kobe Bryant's Widow

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 their personal information, including addresses, accessible online and possibly make them targets for hackers.

March 9, 2021

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 protests and riots following the in-custody death of George Floyd.

March 3, 2021

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."

March 3, 2021

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Editorial: Attacking Qualified Immunity

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

March 2, 2021

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 hiring someone who wants to abolish prisons, defund public safety, and who has expressed outright hatred toward police officers. ...do we really need criminal defense attorneys on both sides of the aisle?"

February 25, 2021

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 Pierce County’s failure to properly staff and train its deputies, Daniel McCartney would likely still be alive.”

February 16, 2021

Pierce County (WA) Sheriff's Deputy Daniel McCartney was killed responding to a home invasion in 2018. (Photo: Pierce County SO)

Maryland Bill Would End Qualified Immunity for Officers

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

February 16, 2021

Measure to Repeal Qualified Immunity Defeated in VA General Assembly

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 Virginia Crime Commission.

February 3, 2021

Case Against Former Atlanta Officer Over Rayshard Brooks Shooting Transferred to Attorney General by New DA

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 Paul Howard in her request to have the case transferred.

January 29, 2021

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 now time to shift from protest to policy.”

January 27, 2021

Judge: Baltimore PD Has All the Elements Necessary to Succeed Under Consent Decree

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 the community that officers are fearsome and predisposed to use force to solve problems,” U.S. District Judge James Bredar said in a statement.

January 25, 2021

CA Attorney General Launches Civil Rights Investigation of LASD

Under the California Constitution and California Civil Code section 52.3, the AG is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law.

January 22, 2021

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