MENU
SEARCHIn a unanimous reversal Tuesday, three judges from the U.S. Fourth Circuit Court of Appeals overturned a lower court decision last year that granted immunity to Wende Kerl, the Charlotte-Mecklenburg officer who fatally shot Franklin.
A federal lawsuit over a 2019 police killing of Danquirs Franklin outside a Burger King in Charlotte may be heard by a jury.
In a unanimous reversal Tuesday, three judges from the U.S. Fourth Circuit Court of Appeals overturned a lower court decision last year that granted immunity to Wende Kerl, the Charlotte-Mecklenburg officer who fatally shot Franklin.
In his November 2022 decision to dismiss the complaint filed by Franklin’s mother, Deborah, Senior U.S. District Judge Graham Mullen said Kerl likely made a mistake when she fatally shot Franklin on March 25, 2019, the
Charlotte Observer
reports.
“But because a court must not judge (police actions) with the ‘20/20 vision of hindsight,’ the question is whether Officer Kerl’s mistake in shooting Franklin was reasonable. The answer is yes,” Mullen wrote.
Unlike Mullen, however, the three judges from the country’s second highest court said those errors were so serious that they disqualified Kerl from receiving the qualified immunity that Mullen had granted.
Discover how one police department cut crime nearly in half using smarter patrol data. This whitepaper breaks down the real-world strategy behind a 46% drop in vehicle thefts, improved officer safety, and stronger community visibility.
Read More →
Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”
Read More →
<strong>“</strong>Cashless bail policies allow dangerous individuals to immediately return to the streets and further endanger law-abiding, hard-working Americans because they know our laws will not be enforced,” the administration said.
Read More →The DOJ said in a press release that the “sanctuary city” policies of the City of Los Angeles are illegal under federal law.
Read More →
Officers can be criminally prosecuted for using force when their actions led to escalation during contact with subjects.
Read More →
In the Tenth Circuit case of Cuervo v. Sorenson, the Court ruled officers cannot deviate from the language of the warrant.
Read More →The Civil Rights Division will be taking all necessary steps to dismiss the Louisville and Minneapolis lawsuits with prejudice, to close the underlying investigations into the Louisville and Minneapolis police departments.
Read More →House Bill 4404 would create a presumption of civil immunity for individuals who are cleared criminally after using force in self-defense, shifting the burden of proof onto plaintiffs.
Read More →Seattle police Capt. Eric Greening sued former Chief Adrian Diaz last year alleging that Diaz retaliated when Greening brought up concerns about racial and gender discrimination.
Read More →Jim Leighty, a local activist, filed two federal lawsuits last year claiming both agencies deleted or hid critical comments he had written below multiple posts, while keeping comments that were pro-police in nature.
Read More →