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4th Amendment Violations – Excessive Force

By: Derek Hawkins//March 9, 2016//

4th Amendment Violations – Excessive Force

By: Derek Hawkins//March 9, 2016//

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7th Circuit Court of Appeals

Case Name: Mitchell Alicea v. Aubrey Thomas, et al

Case No.: 15-1255

Officials: BAUER, WILLIAMS, and HAMILTON, Circuit Judges.

Focus: 4th Amendment Violations – Excessive Force

Material dispute exists as to whether officers’ actions violated 4th amendment and if force used was excessive.

“Applying the Graham factors to Alicea’s account, we do not find that Alicea, standing in broad daylight with his hands up at gunpoint and enclosed by a five-foot pool, posed a sufficient threat to Thomas to justify ordering Leo to attack and hold him. The district court erred in holding it was reasonable to command a dog to attack a suspect who had ceased flight, was effectively trapped, and who immediately complied with police orders.”

Reversed and Remanded

Full Text


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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