Gang-Tackling an Arrestee and the Issue of Excessive Force; Qualified Immunity as it Relates to...
Robert Phillips
Robert Phillips
  • Ref # CAC00083
  • October 03, 2022

Gang-Tackling an Arrestee and the Issue of Excessive Force; Qualified Immunity as it Relates to...

CASE LAW
  • Gang-Tackling an Arrestee and the Issue of Excessive Force:
  • Qualified Immunity as it Relates to the Use of Excessive Force:
RULES

The use of force to make an arrest, such as by “gang-tackling” a suspect, is potentially unconstitutional absent some articulable justification for doing so.  A law enforcement officer, however, may be protected from civil liability via the theory of “qualified immunity” unless the circumstances under which the force used have previously been found to be unconstitutional under “clearly established” appellate court case law.

FACTS

Henderson Police detectives suspected Daniel Andrews of committing a series of armed robberies at various businesses in Henderson, Nevada.  On January 3, 2017, the detectives were surveilling a woman suspected of assisting in those robberies.  The detectives followed her while in the company of a man—later determined to be Andrews—to the Henderson Municipal Courthouse and watched as they entered the building.  To enter the Courthouse, they had to pass through a security checkpoint that included a metal detector and x-ray scanner.  The plan was to arrest the ....

Court Case Name
Andrews v. City of Henderson (May 23, 9th Cir. 2022) 35 F.4th 710
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