Monday, August 22, 2011

Sixth Circuit -- Denise Walker v. Danny Davis

Denise Walker v. Danny Davis

   Policeman who (allegedly intentionally) collided with motorcyclist during low-speed chase (<60 mph) across field doesn't get qualified immunity, as the motorcyclist wasn't a threat to anyone.  No need for there to have been caselaw establishing the don't-ram-motorcycles-in-fields rule prior to offense.

   Dissent: the decision to fee endangered the public, other circuits have held that colliding with a fleeing vehicle is kosher.

 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.