Tuesday, November 22, 2022

Federal Magistrate Judge Addresses Excessive Force Civil Rights Claims

In the case of Thompkins v. Klobucher, No. 2:21-CV-00320-CRE (W.D. Pa. Oct. 3, 2022 Reedy Eddy, M.J.), the court addressed a Motion for Summary Judgment filed by a Defendant police officer in a §1983 Civil Rights Action alleging excessive use of force.

According to the Opinion, the Plaintiff wife’s arm was broken was she was being arrested for domestic violence.

In reviewing the Defendant police officer’s Motion for Summary Judgment, the court found that there were genuine issues of material fact to be decided by a jury with regards to the alleged excessive force claim.

The court also found that the police officer was not entitled to qualified immunity at this stage of the proceedings.

As such, the police officer’s Motion for Summary Judgment was granted in part and denied in part.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 20, 2022).

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