Estate of Biegert by Biegert v. Molitor

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 08:26

Rejecting claim that officers created situation that ultimately led to subject’s death by failing to make a plan for the encounter, failing to secure knife block in kitchen, and questioning subject aggressively, provoking his violent resistance; such actions did not violate Fourth Amendment and did not render officers’ subsequent use of force unreasonable; court distinguishes earlier cases where officer’s unreasonable actions created situation where deadly force became essentially inevitable.

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Actionable Conduct Edition