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

The following excerpt is from Tobias v. Arteaga, 996 F.3d 571 (9th Cir. 2020):

By 2013, we had clearly established that "police officers have a duty to intercede when their fellow officers violate the constitutional rights of a suspect or other citizen." Cunningham v. Gates , 229 F.3d 1271, 1289 (9th Cir. 2000) (quoting United States v. Koon , 34 F.3d 1416, 1447 n.25 (9th Cir. 1994), aff'd in part, rev'd in

[996 F.3d 584]

Other Questions


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)
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)
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 police officer be held liable for failing to intervene when his colleague violates a plaintiff's constitutional rights? (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)
Is a defendant liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect? (MultiRegion, United States of America)
Is the need to train police officers in the constitutional limitations on the use of deadly force so obvious that failure to do so would constitute deliberate indifference to constitutional rights? (MultiRegion, United States of America)
What is the current state of the law in relation to the use of force by police officers with weapons drawn against a suspect? (MultiRegion, United States of America)
Can a police officer continue questioning a suspect under the Miranda rights until and unless the suspect clearly requests an attorney? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.