Page 211 - Original 2020 Legal Guide By Jack Ryan
P. 211

Task: Duty to Intervene in Any Unconstitutional Conduct






          Crawford v. City of Chicago 2014 U.S. Dist. LEXIS 57720 (N. Dist.

          Illinois 2014).





          • In order for an officer to be held liable under section 1983 in cases

               of inaction, the plaintiff must show (1) that excessive force was

               being used, (2) that a citizen has been unjustifiably arrested, or (3)

               that any constitutional violation has been committed by a law

               enforcement official; and that officer had a realistic opportunity

               to intervene to prevent the harm from occurring.





          * Note Some Federal Circuits have only applied Duty to Intervene in

          Force cases







                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                   210
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