Vol. 40 No. 16 OFFICER’S USE OF LESS-LETHAL FORCE THAT SERIOUSLY INJURED BYSTANDER FILMING NEAR A PROTESTING CROWD NOT UNREASONABLE GIVEN THAT PROTESTERS OBJECTIVELY POSED AN IMMEDIATE THREAT TO THE SAFETY OF OFFICERS, CITIZENS, AND PROPERTY
The Ninth Circuit Court of Appeals held in Cheairs v. City of Seattle,[1] that the use of force by an officer – who threw a blast ball diversionary device that injured a bystander who was filming protestors – was not excessive. In reaching its conclusion, the Court concluded that the protesters at the front of […]