Can a police officer be held liable for failing to intervene when his colleague violates a plaintiff's constitutional rights?

MultiRegion, United States of America

The following excerpt is from Wheeler v. Allison, 1:12cv00861 LJO DLB PC (E.D. Cal. 2015):

risk of serious harm. Farmer, 511 U.S. at 834, 841 (quotations omitted); Clem, 566 F.3d at 1181; Hearns, 413 F.3d at 1040. Officials can be held liable for failing to intercede when their fellow officers violate constitutional rights only when they have a reasonable opportunity to intercede. See Cunningham v. Gates, 229 F.3d 1271, 1289-90 (9th Cir.2000).

2. Analysis

a. Defendants Duck, Murrieta, Lowder and Loftis

Other Questions


Can a police officer be held liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect? (MultiRegion, United States of America)
In a civil case brought by a plaintiff, who alleges that the county failed to properly train for the purpose of enforcing her civil rights, is a county liable for the violation of her constitutional rights? (MultiRegion, United States of America)
What is the current state of the law on the duty of a police officer to intervene when their colleague violates the constitutional rights of a suspect or other citizen? (MultiRegion, United States of America)
What is the duty of a police officer to intervene when fellow officers violate the constitutional rights of a suspect or other citizen? (MultiRegion, United States of America)
Does a police officer have a duty to intervene when their colleague violates the constitutional rights of a suspect? (MultiRegion, United States of America)
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
Is a defendant liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect? (MultiRegion, United States of America)
Can a law enforcement officer be held liable for failing to protect a plaintiff from harm by failing to intervene too quickly? (MultiRegion, United States of America)
Is a police officer liable for failing to intervene to prevent another officer from using excessive force? (MultiRegion, United States of America)
Is there a private right of action against police officers who, under color of state law, violate federal constitutional or statutory rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.