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Constitutional Law,
Civil Rights

Jul. 23, 2018

Can force be excessive when it was not intentional?

Not every seizure falls within the confines of 42 U.S.C. Section 1983.

Carolyn Frank

Partner
Cole Huber LLP

Email: cfrank@cotalawfirm.com

See more...

Can force be excessive when it was not intentional?
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MUNICIPAL MATTERS

When a police officer injures a citizen during an arrest, you file an excessive force claim under 42 U.S.C. Section 1983, right? But what happens when that citizen was not the intended object of the officer's use of force? Section 1983 protects citizens from constitutional violations committed under "color of law." Most often this plays out in the context of a claim of an unreasonable seizure by a police officer. Case law mak...

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