Can a police officer be held liable for failing to intervene to prevent a shooting?
MultiRegion, United States of America
The following excerpt is from Solis v. Cnty. of Stanislaus, Case No. 1:14-cv-00937----BAM (E.D. Cal. 2015):
Police officers have a duty to intercede when their fellow officers violate the constitutional rights of a suspect or other citizen. Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir. 2000). However, officers only can be held liable for failing to intercede only if they had an opportunity to intercede. Id. (officers not present at time of shooting could not be held liable for failing to intercede to prevent the shooting).
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