|
5.1-2 Police Brutality (Claim of Failure of Police
Officer to Intervene)
Revised to January 1, 2008
The plaintiff claims that the
defendant police officer, <insert name of officer>, violated
(his/her) constitutional right not to be subjected to use of excessive force
by failing to stop Officer <name of other officer> from using
excessive force. The law is that an officer who is present at the scene and
who has an opportunity to intervene to prevent use of excessive force is
equally liable to the plaintiff if (he/she) fails to take reasonable steps
to protect the plaintiff from another officer’s use of excessive force.
Liability for failure to intervene
may be imposed only if the officer had a realistic opportunity to intervene
in a timely fashion. You should consider how close the officers were to one
another and the rapidity with which the events occurred in making this
determination.
|
