Tuesday, October 29, 2019

Court Brief 2 Assignment Example | Topics and Well Written Essays - 500 words

Court Brief 2 - Assignment Example Is officer Brosseau entitled to qualified immunity for the use of excessive force? The Court of Appeals decided for Brosseau finding that she was entitled to qualified immunity. There was a â€Å"hazy border between excessive and acceptable force† in Brosseau’s actions for which, she was entitled to qualified immunity. Officer Brosseau violated the Fourth Amendment, but she had the cause according to which, â€Å"the suspect poses a threat of serious physical harm, either to the officer or to the others, it is not constitutionally unreasonable to prevent escape by using deadly force† after which, she was not regarded as a violator of law. According to Haugen, Brosseau violated his federal constitutional rights. Glen Tamburello reported officer Brosseau about some stolen tools from his shop and blamed Kenneth Haugen, his former crime partner. Later on, Brosseau came to know that for Haugen’s felony, there was no-bail arrest warrant against him for charges of drugs and other offences. When Haugen was in his mother’s driveway, Tamburello accompanied with Matt Attwood drove to Haugen, where they had a fight after which, a neighbor called 911. Brosseau reached the scene and due to her arrival, Haugen got a chance to get away and hide in a neighbor’s backyard. On a radioed report, Brosseau reached there and found Haugen. Haugen tried to escape by jumping into his jeep. Brosseau doubted him trying to get some weapon. However, he was searching for the keys to drive away. Brosseau ordered Haugen multiple times to get out of the vehicle and also fired several times on the driver’s side window with her hand gun. She even tried to get the keys through the side window and hi t Haugen with the barrel and butt of her gun, but ignoring all her commands and attempts, Haugen started and drove the jeep a little after which, Brosseau shot in his back considering the life of those officers in danger who were on foot. While deciding for

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