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Perspective

May 12, 2015

Defending against excessive force claims

Whether to file a motion to dismiss is just one of many early decisions an attorney defending an excessive force claim must make that could be disastrous if not thought through properly. By Blake P. Loebs


By Blake P. Loebs


An attorney just knocked out every cause of action with a motion to dismiss in a peace
officer civil rights case except one excessive force claim. Good work, right? Not
so fast. It is possible the attorney did more harm than good. In peace officer civil
rights cases where the prevailing party is entitled to attorney fees, whether to file
a motion to dismiss is just one of many early dec...

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