If anyone knows this Phoenix Police Officers name please place it in the comments.
Shouldn’t the people that protect and serve us be easily identified?
I’ve been pretty conditioned to think it’s okay for the police to do what they want to us. Turns out we have constitutional rights. One can file a Section 1983 action even if you are not a United States citizen.
Chatwood was in a place where he can legally be not attempting to evade seizure by flight clearly walking slowly in the video. An officer is only to use force for the protection of himself or others.
Since this officer was not using force for protection, force was applied maliciously for the purpose of causing harm and intimidation. A reasonable officer would not assume the negative and assault a citizen walking near the scene of a car accident. A reasonable officer would have used verbal commands 1st. The officer failed to identify himself and warn the Plaintiff that the officer would use force for any reason. As seen on video
We recognize in Deorle that police officers normally provide such warning where feasible, even when the force is less than deadly, and that the failure to give such
a warning is a factor to consider.
Here, it was feasible to give a warning that the use of force was imminent if Chatwood did not comply. While a warning to Chatwood may or may not have caused him to comply, there was “ample time to give a warning that the use of force was imminent if Chatwood did not comply.
This officer moves as if he was trained to assault first ask questions last. If not checked immediately next time this officer can decide to shoot 1st and ask questions last. That’s cool in the movies, it’s even cool in a rap song. But here in real life, that can get you sued. Help me get this officers name so we can get him the training he needs.
Although Section 1983 was designed especially to help African-Americans, anyone can use it, regardless of race. The law refers to “any citizen of the United States or any other person within the jurisdiction thereof.” This means that you can file a Section 1983 action even if you are not a
United States citizen. Martinez v. City of Los Angeles, 141 F.3d 1373 (9th Cir. 1998). All you need is to have been “within the jurisdiction” when your rights were violated. “Within the jurisdiction” just means you were physically present in the United States.