Jordan v. Cobb County, Georgia.U.S. District Court DEADLY FORCE An amount of force that is likely to cause either serious bodily injury or death to another person. Police officers may use deadly force in specific circumstances when they are trying to enforce the law. EXCESSIVE FORCE Jordan v. Cobb County, Georgia Cobb County is a county located in the U.S. state of Georgia. It was created December 3, 1832. As of the 2000 census, the population is 607,751. The county's population continues to grow. The 2006 estimate from the U.S. Census Bureau put the population at 679,325. , 227 F.Supp.2d 1322 (N.D.Ga. 2001). A pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. detainee de·tain·ee n. A person held in custody or confinement: a political detainee. Noun 1. detainee - some held in custody political detainee brought a [section] 1983 action against a jail officer and a county, alleging excessive force, wrongful seizure, and assault and battery. The district court held that the officer was not entitled to qualified immunity and that a fact issue as to whether the officer violated the detainee's substantive due process The substantive limitations placed on the content or subject matter of state and federal laws by the Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution. rights, precluded summary judgment. The court found that the county could not be held liable for the officer's alleged conduct. The detainee had been arrested for suspicion of driving under the influence of alcohol and was detained in a holding cell at a police precinct. While in the holding cell, the detainee allegedly resisted being handcuffed by the officer. After a struggle or altercation, the detainee was shot twice in the abdomen by the officer. There were no witnesses to the shooting. The court noted that "virtually all of the facts and circumstances surrounding the altercation and shooting are in dispute." (Cobb County Police Department, Precinct One, Georgia) |
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