U.S. Supreme Court,
Criminal,
9th U.S. Circuit Court of Appeals
Oct. 19, 2021
California attorneys win unanimous high court immunity ruling
“The ruling is a great decision supporting the rule of law in particular on the facts and circumstances that confronted the peace officers here and it provides some certainty to officers in a situation that can literally occur thousands of times a day — restraining an individual during the handcuffing process and taking them into custody,” said James R. Touchstone of Jones & Mayer in Fullerton, who represented law enforcement associations in an amicus brief.
The U.S. Supreme Court unanimously reinforced law officers' qualified immunity rights in an Alameda County case Monday, reversing the 9th U.S. Circuit Court of Appeals.
The high court rejected the circuit court's finding that existing precedent put the officer on notice that placing his knee on the plaintiff's back constituted excessive force and ruled that the facts in both cases, the lawsuit and a Riverside County case used as precedent, ...
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