Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


The unsigned opinion reversed a lower court decision that allowed a civil rights lawsuit filed on behalf of Leija's family against Mullenix to go forward.

Mullenix said he shot at the car in an attempt to disable it after Leija led police on a 25-mile chase that reached speeds over 100 miles an hour, was reported to be intoxicated and had twice called a police dispatcher threatening to shoot officers if they did not stop pursuing him.

Justice Sonia Sotomayor dissented, saying Mullenix had no training in shooting to disable a vehicle, fired at the car less than a second before it hit spike strips deployed to stop it and acted against the order of his superior officer, who told him to wait.

But the majority said that Mullenix did not wait out of concern that Leija might try to shoot or run over officers manning the spike strips. Evidence showed that four of Mullenix's shots struck Leija's upper body, killing him. The car continued traveling over the spikes, hit the median and rolled over.

The justices said it was not "clearly established" that Mullenix used excessive force "by selecting one dangerous alternative over another."

A federal district court ruled that there were issues of fact as to whether Mullenix acted recklessly or as a reasonable officer would in similar circumstances. A federal appeals court agreed that there were questions about how immediate the risk was to officers.

Leija fled police after they tried to arrest him for a probation violation. Mullenix testified that he radioed his superior officer with the idea of shooting at the car to disable it. Before receiving a response, Mullenix got out of his car and took a shooting position on the overpass.


Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York, New Jersey Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Employer Defense Attorney
Gardena Labor Law Defense Lawyers
www.aclawfirm.net
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory