Police protection; some courts say officers can assert immunity for shootings that are an excessive use of force
Article Abstract:
Snyder v. Trepagnier, pending before the US Supreme Court in the 1998-99 term, poses the question whether police officers can claim immunity for shootings that use execssive force and whether the court will double their protection by allowing them to argue twice that their shootings were reasonable. Qualified immunity protects officers from paying damages if their conduct was reasonable as measured by clearly established law. The answer will resolve sharp conflict among the circuits.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Pleading the fourth; plaintiffs may be able to sue under seizure law in high-speed chases
Article Abstract:
The Supreme Court's May 1998 ruling in County of Sacramento v. Lewis held that the 14th Amendment imposes liability for police pursuit driving only if the officers act with the malicious intent to hurt the pursued. If the pursuit constitutes an unreasonable seizure, however, the plaintiff may be able to sue for a Fourth Amendment violation. Seizure arguments that distinguish winning seizure cases from losing ones are listed.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Forcing the issue; activist veterinarian seeks rights for arrestees as well as animals
Article Abstract:
The Supreme Court's grant of certiorari in Saucier v. Katz, in which the defense claims that police officers can use the qualified immunity defense from unreasonable force claims, is discussed.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 2001
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- Abstracts: Prescription for liability; some courts say pharmacists have a duty to warn patients of drug hazards. Fame no bar to press coverage; civil courts must remain open unless 'overriding interest' supports closure
- Abstracts: Copyright protection of computer programs. Examination of the interrelationship among Japanese I.P. protection for software, the software industry, and Keiretsu
- Abstracts: The corporate officer's independent duty as a tonic for the anemic law of executive compensation. Abolishing veil piercing
- Abstracts: The power of Congress to limit the jurisdiction of federal courts and the text of Article III. Mental decrepitude on the U.S. Supreme Court: the historical case for the 28th Amendment
- Abstracts: Gang convictions challenged; defense says prosecutors didn't disclose two witnesses' positive drug tests. Weathering the fallout; N.J. prosecutors adjust to court decision barring defense work