Robert Phillips
- Ref # CAC00082
- September 17, 2022
The Use by Law Enforcement of Excessive Force and Civil Liability
CASE LAW
- The Eighth Amendment and the Excessive Use of Force on a Jail Escapee
- Civil Liability for the Use of Excessive Force
- The Value of Bodycams in Excessive Force Cases
- The Use of a Police Dog in Making an Arrest
- Duty to Intercede in the Excessive Use of Force
RULES
In a motion for summary judgment in a civil suit, a court is to assume that the non-moving party’s version of the facts is true. An exception to this rule is when evidence exists that “blatantly contradicts” the non-moving party’s evidence. A duty to intercede in the use of excessive force does not apply when an officer has no opportunity to do so.
FACTS
Plaintiff Corey Hughes was merely 10 days into his six month jail sentence being served at the San Joaquin County Jail when he decided he had better things to do with his life. So while working on a highway work crew, he decided to just take some time off—going over the fence, . . . ....
