Page 82 - North Carolina 2020 Legal Guide
P. 82
Task: Failure to Intervene to Protect Citizen From Officer
Mick v. Brewer, 76 F.3d 1127 (10 Cir. 1996).
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• A law enforcement officer has an affirmative duty to intercede on
behalf of a citizen whose constitutional rights are being violated in
his or her presence by other officers.
• The law enforcement officer who fails to intervene to prevent
another officer’s use of excessive force may be liable if he or she
had the opportunity to intervene.
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