Is a defendant liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect?

Defendants concede that "police officers have a duty to intercede when their fellow officers violate the constitutional rights of a suspect or other citizen." United States v. Koon, 34 F.3d 1416, 1447 n.25 (9th Cir. 1994), rev'd on other grounds,518 U.S. 81 (1996). Importantly, however, officers can be held liable for failing to intercede only if they had an opportunity to intercede. See Bruner v. Dunaway, 684 F.2d 422, 42627 (6th Cir. 1982) (holding that officers who were not present at the

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