Does a police officer who intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, may be held liable for his otherwise defensive use of deadly force?
MultiRegion, United States of America
The following excerpt is from YY.. v. United States, CASE NO. 13cv1417-WQH-BGS (S.D. Cal. 2014):
"[W]here an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force." Billington v. Smith, 292 F.3d 1177, 1189 (2002). The application of deadly force, even if it is by itself reasonable, is rendered "unreasonable as a matter of law" because was proximately caused by the "initial unconstitutional provocation." Id. at 1190-91.
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