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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.