06/14/2012

Judge won't back down from excessive force decision

Officers acted reasonably under the totality of circumstances, Assistant City Attorney Stephanie Griffin said in court documents, and should be granted qualified immunity

By Scott Sandlin
Albuquerque Journal

ALBUQUERQUE — The federal judge who found excessive force against Tony Nelson by Albuquerque Police Department officers isn't backing off his decision, despite the city's request to do so.

Chief U.S. District Judge Bruce D. Black, in an opinion filed in April, said it would be a "miscarriage of justice" to let stand the jury's verdict in favor of the defense, and entered a judgment in favor of Nelson, an unarmed, 60-yearold intoxicated man upon whom attack dogs, bean bag rounds and electric current were used repeatedly.

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