Tuesday, June 24, 2008

Is a Kick to the Groin Reasonable?

The D.C. Circuit Court says no.

The relevant facts of the case:
Juan Johnson is a police officer whose off-duty act of kindness to a stranger in distress landed him in the middle of a drug bust in which he was repeatedly kicked in the groin by a police officer who mistook him for a criminal. Johnson claims he was a victim of police brutality and sues both the officer alleged to have kicked him and the District of Columbia.
The court reasoned that "a reasonable officer would not have repeatedly kicked the surrendering suspect in the groin." Wow. Really? This is one of those rare situations which does not involve a suspect's word versus the word of an officer. In this case it is the officer's word versus another officer's word. Where would this case be if it had been the suspect's word vs. officer's word? I imagine it would not have gotten this far. The officer would have said the suspect was fleeing and resisting and...case closed.

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