Law Practice,
Appellate Practice
Jul. 25, 2022
Interfering with a police officer does not preclude all claims of excessive force
Where, as here, the underlying factual context can be abstracted as one or four factual contexts, the analysis bends toward the determination being properly considered a factual, not legal issue, rightly for a jury.
Robert L. Bastian Jr.
Partner
Bastian & Dini
Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
When does a conviction for interfering with a police officer preclude a subsequent civil lawsuit for excessive force, when both arise from related underlying facts?
It is an important question for three reasons. First, even if someone has criminally interfered with an officer, it does not justify officers using disproportionate force in subsequently making the arrest.
Second, such charges are too often pretextua...
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