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Jul. 11, 2024

9th Circuit upholds qualified immunity for police in Tulare shooting

Judge Ryan D. Nelson emphasized that in cases of excessive force where officers face a threat, it will rarely be "obvious" that their actions violate the Constitution.

The 9th U.S. Circuit Court of Appeals affirmed a lower court's decision granting qualified immunity to Tulare police officers involved in a 2018 shooting that wounded an innocent passenger following a high-speed chase.

Judge Ryan D. Nelson, an appointee of President Donald Trump, wrote for a unanimous panel that "it was not clearly established that the force used by officers was excessive given the circumstances."

Judges Ronald M. Gould and Richard C. Tallm...

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