Excessive Force

Is Pointing a Gun at a Child Excessive Force?

Depending on the circumstance, pointing a gun at a child can constitute excessive force, even where the person holding the gun never put their hands on the child, and where the child suffered no physical injury. The Tenth Circuit Court of Appeals addressed this issue in Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th… read more…

Can Police Shoot to a Fleeing Suspect?

The answer generally depends on what preceded the suspect’s attempt to flee, and whether the police have a reasonable belief that the suspect is dangerous. In Plumhoff v. Rickard, the Supreme Court ruled yesterday that police officers may shoot a fleeing suspect in a car who is considered dangerous, and that they may continue shooting… read more…

Supreme Court orders reconsideration of taser death lawsuit

The U.S. Supreme Court has ordered the 5th Circuit Court of Appeals to reconsider a civil rights lawsuit filed on behalf of Baron Pikes. Pikes was shot by police in Winnfield, Louisiana with a taser gun at least eight times over 14 minutes and later died of cardiac arrest. The lawsuit against a former Winnfield… read more…

Police Settle Excessive Force Suit

Police have settled a civil rights lawsuit filed by a man against the Palm Beach County Sheriff’s Office and four deputies, claiming that the deputies used excessive force against him.  Details of the settlement were not disclosed. The incident took place in December 2011, after Kallas, the plaintiff, had crashed his minivan.  Kallas was beaten… read more…

City of Shawnee Settles Case Involving Excessive Use of a Taser

The City of Shawnee, Oklahoma and police officer Casey Vague have reached a settlement in a federal civil rights case involving the excessive use of a Taser. In the lawsuit, Willard Jackson claimed that Vague used excessive force during an arrest in August 2011. According to Jackson, an African American, Vague arrived at an apartment… read more…

Anchorage, AK Settles Police Brutality Suit

The Anchorage Press reports, “The city has agreed to pay $60,000 to settle a lawsuit brought by a man who claims Anchorage Police Department officers harassed and then assaulted him during a September 2010 altercation downtown. The city has also agreed, as part of the settlement, to provide training for all APD patrol officers in… read more…

Should Departments Train Police To Handle Excited Delirium or Mental Illness?

Did excited delirium result in the death of an Oklahoma City man? Are law enforcement equipped and trained to deal with mental distress and mental illness? An allegedly delusional man was arrested on May 2, 2013 near 1400 block of NW 99 of Oklahoma City, OK.  The man was apparently in a state of mental distress… read more…

Should Law Enforcement Be Trained To Deal With Severe Mental Illness Or Excited Delirium?

Did excited delirium result in the death of an Oklahoma City man?  Are law enforcement equipped and trained to deal with mental distress and mental illness? An allegedly delusional man was arrested on May 2, 2013 near 1400 block of NW 99 of Oklahoma City, OK.  The man apparently was in a state of mental distress… read more…