· 7/18/1972
Thomas Byrd v. William P. Brishke
Citations
- 466 F.2d 6
- 1972 U.S. App. LEXIS 8360
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that liability for failure to intervene exists only if the beating occurred in the officer’s presence or was otherwise within his knowledge
- holding that “nonfeasor” officers who were present could be liable for failing to intervene
- liability for failure to intervene exists only if the beating occurred in the officer’s presence or was otherwise within his knowledge
- officer may be held liable for failing to intervene when another officer abuses a prisoner
- officers who watched arrestee being beaten held liable on conspiracy theory
- “[O]ne who is given a badge of authority of a police officer may not ignore the duty imposed by his office and fail to stop other officers who summarily punish a third person in his presence or otherwise within his knowledge.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Swygert, Pell, Dillin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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