Point of Law: Page 21

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."

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Editorial: Attacking Qualified Immunity

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

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?"

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.”

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.

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.

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.

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.”

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.

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.

Illinois Legislature Passes Bill Mandating Body Cameras for All Officers

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

Prosecutors Want to Delay Former Officers' Trial Over Floyd Death Because of COVID

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 ensure that this case is resolved expeditiously."

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