In what circumstances will a police officer be found to have failed to identify a plaintiff?

California, United States of America


The following excerpt is from Murchison v. Cnty. of Tehama., C090060 (Cal. App. 2021):

In King v. United States (6th Cir. 2019) 917 F.3d 409, at page 431, reversed on other grounds in Brownback v. King (2021) ___ U.S. ___, 141 S.Ct. 740, the federal appellate court concluded that police officers would not be entitled to qualified immunity if a jury found that the officers failed to properly identify themselves, in which case the plaintiff could not have sought to resist or evade arrest because he would not have known an arrest was being attempted. In that case, the plaintiff asserted he ran away from the officers only after asking them if he was being mugged. The court concluded that, if the jury credited the plaintiff's testimony, any reasonable officer would have known that tackling the plaintiff, holding him down, choking him, and beating him into submission was unreasonable under the circumstances. (Ibid.)[13]

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