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Torts Keyed to Dobbs
Rivas-Villegas v. Cortesluna
Citation:
142 S. Ct. 4, 211 L. Ed. 2d 164 (2021)Facts
Officers including Rivas-Villegas responded to a 911 call from a 12-year-old girl reporting that she, her mother, and sister had barricaded themselves in a room because her mother’s boyfriend, Cortesluna, was trying to hurt them and had a chainsaw. After arriving at the scene, officers observed Cortesluna through a window and ordered him to exit the house. Cortesluna complied but lowered his hands against officers’ commands, resulting in him being shot twice with bean-bag rounds. Officers noticed a knife in Cortesluna’s left pocket. While disarming Cortesluna, Rivas-Villegas straddled him and placed his knee on the left side of Cortesluna’s back near the knife for approximately eight seconds. After Cortesluna was handcuffed, Rivas-Villegas lifted him up and moved him away from the door. Cortesluna subsequently sued under 42 U.S.C. §1983, claiming Rivas-Villegas used excessive force.
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