11th Circuit Rules Dothan Police Officers Use Of Deadly Physical Force Did Not Violate Constitutional Rights
Rickey StokesViewed: 3530
Posted by: RStokes
Date: Jun 28 2016 4:08 PM
DOTHAN: In 2012 a Dothan Police Officer was placed in a situation to be forced to use deadly physical force.
The case went before a Houston County Grand Jury that found no evidence of criminal activity on behalf of the police officer.
The family of the deceased filed a civil action in court.
The case has made it's way to the 11th Circuit Court of Appeals. The court has ruled the Dothan Officer did not violate the constitutional rights of the deceased.
The court states in the opinion " even if the plaintiff did establish that a federal constitutional violation occurred, which she did not, that federal law was not clearly established at the time the deceased used his car as a dangerous weapon. We cannot say that the Dothan Officer had fair warning that his conduct was unlawful in the dangerous situation he confronted. If anything, the prevailing law in this Circuit at the time of deceased death affirmatively provided the Dothan Police Officer actions were objectively reasonable".
The Dothan Police Officer's use of deadly physical force did not violate the deceased constitutional rights. The court ruled the officer is entitled to qualified immunity.
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