Supreme Court Review 2017/2018 TERM


A weekly discussion of the U.S. Supreme Court’s most recent opinions, oral arguments and grants of certiorari.

NOW PLAYING... December 21, 2016 Police Use of Force: The Provocation Rule
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CERTIORARI GRANTED Los Angeles County v. Mendez

Under the “provocation” rule, an officer may be held responsible for an otherwise reasonable use of force where the officer intentionally or recklessly provoked a violent confrontation, and the provocation was itself an independent Fourth Amendment violation. The questions presented are: (1) Whether the U.S. Court of Appeals for the 9th Circuit's “provocation” rule should be barred as it conflicts with Graham v. Connor regarding the manner in which a claim of excessive force against a police officer should be determined in an action brought under 42 U.S.C. § 1983 for a violation of a plaintiff's Fourth Amendment rights, and has been rejected by other courts of appeals; and (2) whether, in an action brought under Section 1983, an incident giving rise to a reasonable use of force is an intervening, superseding event which breaks the chain of causation from a prior, unlawful entry in violation of the Fourth Amendment.

REPORTER: Bill Pruitt