[ Chris Stone / Stone News Network / December 11, 2023 @ 12:45 PM 11:45 AM PST]
Pulled over by the Police in 2019, an 83-year old woman was mistaken for a suspect and ordered to her knees. Elise Brown was 5 feet tall and 117 pounds in weight when police ordered her out of the blue Oldsmobile in 2019.
The police officers believed the car she was driving was stolen - so they pulled out their handguns and handcuffed Brown and forced her to her knees.
The Federal Appeals Court ruled that Brown could sue the police for excessive force, which waives a legal doctrine known as 'qualified immunity'. Qualified Immunity protects police from liability for civil rights violations.
Following Protocals
Chino Police argued they were following protocols - Performing traffic stops for potentially stolen vehicles are very 'high risk' under city and state definitions. Elise Brown was required to kneel for no more than "20 seconds" the police stated.
The police said she appeared to be 'in her 50's or early 60's' and required the use of handguns to control her. They claimed she did not need any accommodations due to 'health frailty'.
Legal Suit
Brown sued in 2020, she claimed the police used excessive force and unreasonably detained her.
"This left Ms. Brown terrified, humiliated, and emotionally traumatized." her lawyer told the Supreme Court. "That conduct was not reasonable; it was extraordinarily dangerous and flatly inconsistent with the Fourth Amendment's prohibition on excessive force."
It is unknown at this time if damages were assessed. Stone News Network will try to keep you updated on this important news event.
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