Motion to Dismiss is Granted.
By and large, the use of force continuum is a well known practice for not only American law enforcement but security personnel, the military, and worldwide law enforcement. I will advise the members of this court what is publicly known.
You escalate to deescalate.
At the time, as pled guilty by the plaintiff and their own counsel, the Plaintiff fled, ignoring the first two steps. While it’s not expected for them to know this, The Defendant does. This Court will not entertain any argument nor sees any Standing whereas the Plaintiff could claim any ‘unreasonable hand to hand’ action and, honestly, we should be encouraging law enforcement to not just immediately jump to Less Lethal methods because they can, or because they’re lazy.
This court finds that the Defendant was acting reasonably, and in this capacity, based on the evidence presented, we will be finding in-favor of the Defendant.
This matter is dismissed.
SO ORDERED.
@Court Clerks Please Close.
