Does qualified immunity apply where a police officer shot an unarmed, not resisting plaintiff with a rubber baton?
MultiRegion, United States of America
The following excerpt is from Devine v. Fusaro, No. 16-414-cv (2nd Cir. 2017):
also Phillips v. Cmty. Ins. Corp., 678 F.3d 513, 526-27 (7th Cir. 2012) (reversing qualified immunity where police shot unarmed, not-resisting plaintiff with rubber batons). In sum, in none of the cited cases was the decedent or plaintiff brandishing a loaded firearm. Moreover, in none was the use of less-than-deadly force a strategy put into place after hours of negotiation had not disarmed plaintiff.
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