Summary of 5th Circuit ECW Cases #FOP #FOPNO #FOPLegal

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In Louisiana, qualified immunity in any civil rights case brought under 42 USC § 1983 is decided based on analysis under Graham v. Connor, 490 U.S. 386 (1989) and whether or not the law was clearly established. Whether the law is clearly established is generally based on decisions on the U.S. Supreme Court and the local Circuit cases. Louisiana is in the Fifth Circuit. A summary of Fifth Circuit cases regarding the use of ECW in dart mode follows. Officer should pay particular attention to the cases marked RESTRICTIVE.

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Sample Force Statement #FOP #FOPNO #NOPD @fopno @louisianafop

FORCE STATEMENT

I have been ordered to write this Force Statement by Sgt. FIT Team. Completion of this Force Statement is also required by NOPD Operations Manual PR300.6.1. Had I not been ordered to draft this document, I would have asserted my right to remain silent as guaranteed by the 5th Amendment of the U.S. Constitution. In addition, although I have not been advised as such, I am aware that LSA 40:2531(b)(5) makes administrative statements rendered in administrative investigations, such as this use of force investigation, inadmissible in any subsequent criminal proceedings. However, since this statement is being compelled and I would be fired for failing to comply with these orders, I am rendering the below involuntary statement with regard to the events of 01-01-2014 documented under NOPD Item # A-12345-14:

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@FOPNO Enforses @StacyHeadNOLA for #NOLA City Council #FOP #FOPNO

Fraternal Order of PoliceCrescent City Lodge (LA 002)January 19, 2014

FOP ENDORSES STACY HEAD FOR CITY COUNCIL AT-LARGE SEAT

At its January 2014 General Membership Meeting, the Fraternal Order of Police, Crescent City Lodge, following the procedures set out in its Constitution and By-laws, voted to endorse candidate Stacy Head for one of the New Orleans City Council’s two At-Large seats.

Stacy Head has proven to be a great friend to law enforcement during her tenure as Councilperson from District B, and over the past four years as Councilperson At-Large.  Her office door is always opened to the F.O.P. and she has been a great help to our members on a host of issues.

In this morning’s addition of The New Orleans Advocate it was reported that Ms. Head’s lone opponent publicly stated his support for the New Orleans domicile ordinance, while Stacy Head called the debate a silly distraction and favored removing the ordinance.

To Read the Full Text of the Advocate Article – Click Here

Although election day is not until February 1, 2014, early voting has already started.  Members can cast their votes, at their convenience, at the Algiers Courthouse, the Voting Machine Warehouse, New Orleans City Hall, and the Regional Transportation Management Center.

The Fraternal Order of Police strongly urges all of our members who are registered to vote in Orleans Parish to take advantage of early voting and vote for Stacy Head as soon as possible.

We remind our active NOPD members of Civil Service restrictions, but ask all of our members to do what they legally can to support the election of Stacy Head as Councilperson At-Large.

To our active NOPD members – There are so many issues before the City Council that directly effect our livelihoods as police officers.  Please remind your family and your friends of the importance of having a supporter like Stacy Head on the City Council.

To our retired members – Please contact the Stacy Head campaign office and ask for a yard sign; volunteer to assist with the campaign; make a donation.

And most importantly  GET OUT AND VOTE!!!!!

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#LAFOP Endorses @CynthiaHMorrell for #NOLA City Council. @lafop @fopno #FOP #FOPNO

FOP ENDORSES CYNTHIA HEDGE-MORRELL

FOR NEW ORLEANS CITY COUNCIL 

At its winter meeting on Saturday, January 18, 2014, the Louisiana Fraternal Order of Police Board of Directors voted to endorse Councilmember Cynthia Hedge-Morrell for Councilmember-At-Large Division 2 in the 2014 election for New Orleans City Council.

With two sons serving on the New Orleans Police Department, Councilmember Hedge-Morrell is keenly aware of the issues facing law enforcement in New Orleans.

Councilmember Hedge-Morrell has proven throughout her years of service that she is willing to take bold steps to improve both the safety of New Orleanians and those who visit New Orleans and the lives of New Orleans Police Officers. We expect that her dedication to New Orleans, the region, and the State of Louisiana will continue once re-elected.

The Fraternal Order of Police encourages everyone to vote for Cynthia-Hedge-
Morrell, Councilmember-At-Large, Division 2, Saturday, February 1, 2014.

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