High Speed Police Pursuit and The Fourth Amendment: Jay Shapiro on Plumhoff v. Rickard (PDF)
In the civil context, a plaintiff's claims that police used excessive force in seizing a suspect is evaluated under the "reasonableness" standard of the Fourth Amendment. While the determinations are fact sensitive, there are specific encounters that arise with some frequency, such as a high speed car chase. In Plumhoff v. Rickard, the Sup Ct reversed the rulings of lower courts denying qualified immunity to officers involved in a fatal shooting.
Jay Shapiro is a partner in the New York office of White and Williams LLP. Jay has more than 30 years experience concentrating his practice in litigation matters. He began his legal career as a prosecutor in the Bronx County District Attorney's Office (1980-1988) and later joined the King's County District Attorney's Office (1990-2002) where he became the Deputy District Attorney in charge of the Rackets Division before going into private practice. Mr. Shapiro has tried more than thirty-five cases in state and federal court. In private practice, he has handled litigation involving insurance fraud, white collar crime and Lanham Act (trademark) violations.
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