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Cops Not Entitled to Qualified Immunity: Lawsuit Proceeds

Corey Hughes v. Michael Rodriguez Court: US Court of Appeals for the Ninth Circuit, Docket: 20-17144, Opinion Date: April 21, 2022. Plaintiff alleged that law enforcement officers used excessive force in apprehending him after he escaped from a County Jail highway work crew and lived on the lam for three weeks. The Ninth Circuit affirmed in part and reversed in part the district court’s summary judgment in favor of law enforcement officials. The court held that the bodycam footage and audio did not blatantly contradict all of Plaintiff’s testimony. The court viewed the facts blatantly contradicted by the bodycam footage in the light depicted by the videotape and its audio to conclude that Plaintiff did not attempt to surrender to the officers.

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