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CASE ENTRY

Rochell v. City of Springdale Police Department

Allegation: After suspect drops his gun and submits to arrest, Springdale, Ark. officer points his service weapon at the suspect’s head and says, “I’ll blow your fucking brains out if you ever approach me like that again.” Eighth Circuit: Compliant suspects have a clearly established right not to have guns pointed at them. No qualified immunity. Judge Colloton, concurring: The decision that clearly established that right is pretty iffy, but it controls here.


Tags: 2019, Eighth Circuit, Firearms, Judge Colloton, Qualified Immunity

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