Court rules accidental police shooting was excessive force

The court held (in Stamps v. Framingham): “the state of the law was clear such that a reasonable officer in Duncan’s position would have understood that pointing his loaded assault rifle at the head of a prone, non-resistant, innocent person who presents no danger, with the safety off and a finger on the trigger, constituted excessive force in violation of that person’s Fourth Amendment rights.”

https://cldc.org/2016/02/09/police-in-m ... iolations/

So simply pointing a rifle at someone is a use of force even if you don't intend to fire it?

man that seems so familiar somehow

Actually firing a bullet into someone's head, even if by accident, is excessive force. Pointing the rifle at his head was perfectly legal however. Because he was, you know, a police officer, and so it's ok.

"Duncan’s lawyer Leonard Kesten said the Framingham SWAT team member was immune from liability because the shooting was accidental and happened while he was acting as a Framingham Police officer. Kesten argued an accidental shooting does not violate an individual’s Fourth Amendment Constitutional rights."

http://patch.com/massachusetts/framingh ... -liability

SilasSoule wrote:Actually firing a bullet into someone's head, even if by accident, is excessive force. Pointing the rifle at his head was perfectly legal however. Because he was, you know, a police officer, and so it's ok.

That is what his lawyer argued, but the opposite of what both District and Appeals courts ruled.

You even quoted it in the original post.

I am fine with the decision of the First Circuit Court of Appeals. All they are really saying is that a jury can decide if there is liability for excessive force. Also, I do not like accidents with firearms - what are the consequences? Death? So how is it terrible that there should be some kind of liability? At the least it is negligence since he admits he did it. I am tired of trigger happy police. We all should be.

I think the main thing is "the finger on the trigger" .

This was not an accident... There are 4 rules to follow when using firearms that prevent 'accidents'. 3 of the 4 rules were not followed, an innocent man was killed by the negligent discharge of a firearm by a police officer. Gross negligence by someone that should know better, possibly manslaughter or murder depending on intent.