Tonya L. Carswell, Administratrix of the Estate of GILBERT Carswell, deceased, on behalf of the Estate of GILBERT Carswell, deceased and tonya L


Evidence > Relevance > Relevant Evidence



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Evidence > Relevance > Relevant Evidence

Constitutional Law > Civil Rights Enforcement > Immunity > Public Officials

[HN7] All of the events leading up to the pursuit of a suspect are relevant in determining qualified immunity in an excessive force action. The question is whether it would have been clear to a reasonable officer that the pursuing officer's conduct was unlawful in the situation he confronted. If it would not have been clear, then qualified immunity is appropriate. If the wrongfulness of the officer's conduct would have been clear, the court must then determine whether he made a reasonable mistake. Where there is at least some significant authority that lends support of the police action, the United States Court of Appeals for the Third Circuit has upheld qualified immunity even while deciding that the action in question violates the Constitution.



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