Is a police officer required to be present at the time of a constitutional violation?
MultiRegion, United States of America
The following excerpt is from Gonzalez v. Visalia Police Dep't, CASE NO. 1:11-cv-01266-AWI-MJS (PC) (E.D. Cal. 2012):
example, if officers are not present at the time of a constitutional violation, they have no realistic opportunity to intercede. Id. at 1290. In addition, if a constitutional violation occurs too quickly, there may no realistic opportunity to intercede to prevent the violation. See, e.g., Knapps v. City of Oakland, 647 F.Supp.2d 1129, 1159-60 (N.D. Cal. 2009).
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