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CASE ENTRY

Baxter v. Bracey

Allegation: Burglary suspect hides from Nashville police in basement of abandoned home. They order him to reveal himself; he remains quiet. They discover him; he raises his hands to surrender; they release dog, which bites him. Excessive force? District court: No qualified immunity. Sixth Circuit: Reversed. It’s not clearly established that setting a police dog on a suspect in these circumstances is unlawful. (Nor is it now clearly established.)


Tags: 2018, Excessive Force, Police, Qualified Immunity, Sixth Circuit

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