Can a police officer be held liable for failing to intervene when a fellow officer violates the constitutional rights of a suspect?
MultiRegion, United States of America
The following excerpt is from Crawley v. Kings Cnty., Case No. 1:13-cv-02042-LJO-SAB (E.D. Cal. 2014):
Law enforcement officers have a duty to intercede when their fellow officers violate the constitutional rights of a suspect or another citizen. Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir. 2000). "Importantly, however, officers can be held liable for failing to intercede only if they had a reasonable opportunity to intercede." Id. An officer cannot be held liable if they "had no 'realistic opportunity' to intercede." Id.
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