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Appeals Court Reverses Course, Police Get Immunity in Shooting

Nov. 1, 2017, 3:30 PM

Police who stormed a cabin in New Mexico “on a dark and rainy night” and shot and killed someone inside are shielded from suit, a federal appeals court held Oct. 31 in reversing its previous ruling.

The U.S. Court of Appeals for the Tenth Circuit revisited the case involving the 2011 shooting of Samuel Pauly after the U.S. Supreme Court in January vacated its earlier decision (Pauly v. White, 10th Cir., No. 14-2035, 10/31/17).

There, the Tenth Circuit found that police involved could be sued for violating Pauly’s Fourth Amendment right to be free from excessive force.

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