White v. City of Vineland, Case No. 1:16-cv-08308-JDW-KMW, Nov. 20, 2020

When there are factual disputes, the parties present those disputes to a jury of their peers for resolution. The factual disputes here require a jury trial to resolve.

The plaintiff alleged excessive force, false arrest, failure to intervene and municipal liability against the City of Vineland and its police officers. An officer allegedly grabbed the decedent, bear hugged him, slammed him into a car and then the ground. There was conflicting testimony as to whether the decedent was unconscious on the ground when a K9 unit was released. The police officer’s body-cam did not depict the incident from start to finish. The court denied summary judgment to all defendants.

 

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