Reversal of SJ in Civil Rights Case
Weigle v. Cox, ___ F.3d ___, 2008 WL 4631920 (10th Cir. 2008)
COA reverses summary judgment in favor of cops because there are questions of fact on issue of qualified immunity in § 1983 excessive force claim. Cops' restraint of decedent–one sat on dead guy’s back as he was face down, restrained and prone on the ground, causing a heart attack–was arguably unreasonable and excessive in light of cops’ training that such placement of weight on a restrained person can cause a heart attack, and because it lasted longer than necessary.
COA reverses summary judgment in favor of cops because there are questions of fact on issue of qualified immunity in § 1983 excessive force claim. Cops' restraint of decedent–one sat on dead guy’s back as he was face down, restrained and prone on the ground, causing a heart attack–was arguably unreasonable and excessive in light of cops’ training that such placement of weight on a restrained person can cause a heart attack, and because it lasted longer than necessary.
posted by Anonymous at 9:33 AM
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