Retired cop put in chokehold takes police case to high court
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Jose Oliva
Mario Nivar
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Summary
He refused,” Perez said.U.S. District Judge Frank Montalvo ruled that the lawsuit could go forward, noting that officers do not contend that Oliva resisted arrest.“This is critical as an officer who grapples and chokes a suspect who is not actively resisting violated clearly established law,” Montalvo wrote.Fifty years ago, the Supreme Court ruled that, in limited circumstances, people could sue federal officers for violations of their constitutional rights.
As said here by MARK SHERMAN Associated Press