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Tag Archives: Police Officer

Civil Rights – No Qualified Immunity for Repeated Taser Use (access required)

Meyers v. Baltimore County, Md. A police officer who repeatedly used a Taser on a man after he stopped resisting arrest does not have qualified immunity in this civil rights suit filed by the estate of the man, who died after the incident; the 4th Circuit upholds qualified immunity for two officers who entered the Baltimore County home, but reverses the district court’s decision finding the third officer had qualified immunity.

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Labor & Employment – USERRA – Unlawful Discharge Claim – Constructive Discharge – Police Officer — Internal Affairs Investigation (access required)

Reed v. City of Charleston Plaintiff alleges that, upon his return from military service, the defendant-city deliberately made his employment conditions intolerable via an internal affairs investigation that appeared to be leading to his termination and the loss of his police officer certification. Plaintiff has raised a genuine issue of material fact as to whether he was constructively discharged in violation of 38 U.S.C. 4316(c).

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Civil Rights – Qualified Immunity – Unavailable – Police Officer – Fleeing Suspect – Failure to Pay Child Support – Grabbing Glock Instead of Taser (access required)

Henry v. Purnell A deputy who mistook his pistol for a Taser can be sued for shooting an unarmed, fleeing suspect; on rehearing, the en banc 4th Circuit says a jury could find that the deputy’s mistake was “objectively unreasonable” because he should have realized he had grabbed a .40 caliber Glock handgun and there was no threat from the man he was chasing for failure to pay child support.

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