Stephen Masciocchi, left, and Tina Van Bockern, right, of Holland & Hart. Courtesy photos Tenth Circuit Rejects Qualified Immunity Defense in Section 1983 Suit Arising out of George Floyd Protests
The U.S. Court of Appeals for the Tenth Circuit rejected three police officers' qualified immunity defenses. The court determined it was clearly established that police cannot shoot nonlethal projectiles at protesters who committed no serious crime, were not a threat, and were not attempting to flee.
December 14, 2023 at 04:09 PM
6 minute read
Analysis
In an interlocutory appeal involving alleged excessive force by police during protests over the murder of George Floyd, Packard v. Budaj, — F.4th –, 2023 U.S. App. LEXIS 30189 (Nov. 14, 2023), the U.S. Court of Appeals for the Tenth Circuit rejected three police officers' qualified immunity defenses. The court determined it was clearly established that police cannot shoot nonlethal projectiles at protesters who committed no serious crime, were not a threat, and were not attempting to flee.
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