Marks v. Bauer

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:39

Firing chemical-filled projectile to stop and restrain protestor in order to form a perimeter where projectile struck protestor constituted a seizure although protestor was not arrested; court (unconvincingly) distinguishes Dundon on ground officer was not dispersing a crowd; projectile struck plaintiff in the face, officer claimed he aimed at torso, court remands for determination of whether officer intended to use deadly force; clearly established that officer was not permitted to use deadly force on individual who previously posed threat to others but no longer presented immediate threat.

Tag(s)

Actionable Conduct Edition