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.This responsibility to intervene appliesOfficer Brown then got out of the car andequally to supervisory and nonsupervi-punched Yang in the face, knocking him tosory officers.An officer who is presentthe ground.Officers Brown then got back inand fails to intervene to prevent other lawthe police car and drove away.enforcement officers from infringing theYang pressed criminal charges and bothconstitutional rights of citizens is liableofficers were convicted of felonies.He thenunder § 1983 if that officer had reason tosued both officers 42 U.S.C.§ 1983.The trialknow: (1) that excessive force was beingjudge found against Brown and ordered himused, (2) that a citizen has been unjustifi-to pay $229,658.10 in damages.However,ably arrested, or (3) that any constitutionalthe judge ruled that Officer Hardin was notviolation has been committed by a lawliable for violating § 1983.Yang appealed.]enforcement official; and the officer had arealistic opportunity to intervene to preventBAUER, Circuit Judge.the harm from occurring.The district court orally ruled in favor* * *of Officer Hardin.The court found that thefacts alleged by Yang did not demonstrate theLiability under § 1983 requires proof ofavailability of a reasonable time for Officertwo essential elements: that the conductHardin to intervene, or a reasonable likeli-complained of (1) was committed by ahood of successful intervention.This findingperson acting under color of state law andis clearly erroneous.Although Yang s com-(2) deprived a person of rights, privileges,plaint fails to explicitly specify the existenceor immunities secured by the Constitutionof an opportunity for Officer Hardin to haveor laws of the United States. In the presentintervened, the facts demonstrate severalcase there is no dispute that Yang has provedopportunities during which Hardin couldthe first element.The district court foundhave acted.At a minimum Officer Hardinthat both Officers Brown and Hardin actedcould have called for a backup, called forunder color of state law.They were on duty,help, or at least cautioned Officer Brownwearing Chicago police uniforms, driving ato stop.In fact, Officer Hardin should havemarked squad car and were investigating aarrested Officer Brown. This page intentionally left blank Part III:Appendix739 This page intentionally left blank THE CONSTITUTION OF THE UNITED STATES OFAMERICAWe the People of the United States, in Order to form a more perfect Union, estab-lish Justice, insure domestic Tranquillity, provide for the common defence, promotethe general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,do ordain and establish this Constitution for the United States of America.ARTICLE I.Section 1.All legislative Powers herein granted shall be vested in a Congress ofthe United States, which shall consist of a Senate and House of Representatives.Section 2.The House of Representatives shall be composed of Members chosenevery second Year by the People of the several States, and the Electors in each Stateshall have the Qualifications requisite for Electors of the most numerous Branch of theState Legislature.No Person shall be a Representative who shall not have attained to the age oftwenty five Years, and been seven Years a Citizen of the United States, and who shallnot, when elected, be an Inhabitant of that State in which he shall be chosen.Representatives and direct Taxes shall be apportioned among the several Stateswhich may be included within this Union, according to their respective Numbers,which shall be determined by adding to the whole Number of free Persons, includingthose bound to Service for a Term of Years, and excluding Indians not taxed, threefifths of all other Persons.The actual Enumeration shall be made within three Yearsafter the first Meeting of the Congress of the United States, and within every subse-quent Term of ten Years, in such Manner as they shall by Law direct.The Number ofRepresentatives shall not exceed one for every thirty Thousand, but each State shallhave at Least one Representative; and until such enumeration shall be made, the Stateof New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Islandand Providence Plantations one, Connecticut five, New-York six, New Jersey four,Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five,South Carolina five, and Georgia three.When vacancies happen in the Representation from any State, the ExecutiveAuthority thereof shall issue Writs of Election to fill such Vacancies.The House of Representatives shall chuse their Speaker and other Officers; andshall have the sole Power of Impeachment.Section 3.The Senate of the United States shall be composed of two Senatorsfrom each State, chosen by the Legislature thereof, for six Years; and each Senatorshall have one Vote.Immediately after they shall be assembled in Consequence of the first Election,they shall be divided as equally as may be into three Classes.The Seats of the Senatorsof the first Class shall be vacated at the Expiration of the second Year, of the secondClass at the Expiration of the fourth Year, and of the third Class at the Expiration of741 742 CONSTITUTIONAL LAWthe sixth Year, so that one third may be chosen every second Year; and if Vacancieshappen by Resignation, or otherwise, during the Recess of the Legislature of any State,the Executive thereof may make temporary Appointments until the next Meeting ofthe Legislature, which shall then fill such Vacancies.No Person shall be a Senator who shall not have attained to the Age of thirtyYears, and been nine Years a Citizen of the United States, and who shall not, whenelected, be an Inhabitant of that State for which he shall be chosen.The Vice President of the United States shall be President of the Senate but shallhave no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, inthe Absence of the Vice President, or when he shall exercise the Office of Presidentof the United States.The Senate shall have the sole Power to try all Impeachments.When sitting forthat Purpose, they shall be on Oath or Affirmation.When the President of the UnitedStates is tried, the Chief Justice shall preside: And no Person shall be convicted with-out the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachment shall not extend further than to removal fromOffice, and disqualification to hold and enjoy any Office of honor, Trust or Profit underthe United States: but the Party convicted shall nevertheless be liable and subject toIndictment, Trial, Judgment and Punishment, according to Law.Section 4.The Times, Places and Manner of holding Elections for Senators andRepresentatives, shall be prescribed in each State by the Legislature thereof; but theCongress may at any time by Law make or alter such Regulations, except as to thePlaces of chusing Senators.The Congress shall assemble at least once in every Year, and such Meeting shall beon the first Monday in December, unless they shall by Law appoint a different Day.Section 5.Each House shall be the Judge of the Elections, Returns andQualifications of its own Members, and a Majority of each shall constitute a Quorumto do Business; but a smaller Number may adjourn from day to day, and may be autho-rized to compel the Attendance of absent Members, in such Manner, and under suchPenalties as each House may provide [ Pobierz caÅ‚ość w formacie PDF ]
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.This responsibility to intervene appliesOfficer Brown then got out of the car andequally to supervisory and nonsupervi-punched Yang in the face, knocking him tosory officers.An officer who is presentthe ground.Officers Brown then got back inand fails to intervene to prevent other lawthe police car and drove away.enforcement officers from infringing theYang pressed criminal charges and bothconstitutional rights of citizens is liableofficers were convicted of felonies.He thenunder § 1983 if that officer had reason tosued both officers 42 U.S.C.§ 1983.The trialknow: (1) that excessive force was beingjudge found against Brown and ordered himused, (2) that a citizen has been unjustifi-to pay $229,658.10 in damages.However,ably arrested, or (3) that any constitutionalthe judge ruled that Officer Hardin was notviolation has been committed by a lawliable for violating § 1983.Yang appealed.]enforcement official; and the officer had arealistic opportunity to intervene to preventBAUER, Circuit Judge.the harm from occurring.The district court orally ruled in favor* * *of Officer Hardin.The court found that thefacts alleged by Yang did not demonstrate theLiability under § 1983 requires proof ofavailability of a reasonable time for Officertwo essential elements: that the conductHardin to intervene, or a reasonable likeli-complained of (1) was committed by ahood of successful intervention.This findingperson acting under color of state law andis clearly erroneous.Although Yang s com-(2) deprived a person of rights, privileges,plaint fails to explicitly specify the existenceor immunities secured by the Constitutionof an opportunity for Officer Hardin to haveor laws of the United States. In the presentintervened, the facts demonstrate severalcase there is no dispute that Yang has provedopportunities during which Hardin couldthe first element.The district court foundhave acted.At a minimum Officer Hardinthat both Officers Brown and Hardin actedcould have called for a backup, called forunder color of state law.They were on duty,help, or at least cautioned Officer Brownwearing Chicago police uniforms, driving ato stop.In fact, Officer Hardin should havemarked squad car and were investigating aarrested Officer Brown. This page intentionally left blank Part III:Appendix739 This page intentionally left blank THE CONSTITUTION OF THE UNITED STATES OFAMERICAWe the People of the United States, in Order to form a more perfect Union, estab-lish Justice, insure domestic Tranquillity, provide for the common defence, promotethe general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,do ordain and establish this Constitution for the United States of America.ARTICLE I.Section 1.All legislative Powers herein granted shall be vested in a Congress ofthe United States, which shall consist of a Senate and House of Representatives.Section 2.The House of Representatives shall be composed of Members chosenevery second Year by the People of the several States, and the Electors in each Stateshall have the Qualifications requisite for Electors of the most numerous Branch of theState Legislature.No Person shall be a Representative who shall not have attained to the age oftwenty five Years, and been seven Years a Citizen of the United States, and who shallnot, when elected, be an Inhabitant of that State in which he shall be chosen.Representatives and direct Taxes shall be apportioned among the several Stateswhich may be included within this Union, according to their respective Numbers,which shall be determined by adding to the whole Number of free Persons, includingthose bound to Service for a Term of Years, and excluding Indians not taxed, threefifths of all other Persons.The actual Enumeration shall be made within three Yearsafter the first Meeting of the Congress of the United States, and within every subse-quent Term of ten Years, in such Manner as they shall by Law direct.The Number ofRepresentatives shall not exceed one for every thirty Thousand, but each State shallhave at Least one Representative; and until such enumeration shall be made, the Stateof New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Islandand Providence Plantations one, Connecticut five, New-York six, New Jersey four,Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five,South Carolina five, and Georgia three.When vacancies happen in the Representation from any State, the ExecutiveAuthority thereof shall issue Writs of Election to fill such Vacancies.The House of Representatives shall chuse their Speaker and other Officers; andshall have the sole Power of Impeachment.Section 3.The Senate of the United States shall be composed of two Senatorsfrom each State, chosen by the Legislature thereof, for six Years; and each Senatorshall have one Vote.Immediately after they shall be assembled in Consequence of the first Election,they shall be divided as equally as may be into three Classes.The Seats of the Senatorsof the first Class shall be vacated at the Expiration of the second Year, of the secondClass at the Expiration of the fourth Year, and of the third Class at the Expiration of741 742 CONSTITUTIONAL LAWthe sixth Year, so that one third may be chosen every second Year; and if Vacancieshappen by Resignation, or otherwise, during the Recess of the Legislature of any State,the Executive thereof may make temporary Appointments until the next Meeting ofthe Legislature, which shall then fill such Vacancies.No Person shall be a Senator who shall not have attained to the Age of thirtyYears, and been nine Years a Citizen of the United States, and who shall not, whenelected, be an Inhabitant of that State for which he shall be chosen.The Vice President of the United States shall be President of the Senate but shallhave no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, inthe Absence of the Vice President, or when he shall exercise the Office of Presidentof the United States.The Senate shall have the sole Power to try all Impeachments.When sitting forthat Purpose, they shall be on Oath or Affirmation.When the President of the UnitedStates is tried, the Chief Justice shall preside: And no Person shall be convicted with-out the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachment shall not extend further than to removal fromOffice, and disqualification to hold and enjoy any Office of honor, Trust or Profit underthe United States: but the Party convicted shall nevertheless be liable and subject toIndictment, Trial, Judgment and Punishment, according to Law.Section 4.The Times, Places and Manner of holding Elections for Senators andRepresentatives, shall be prescribed in each State by the Legislature thereof; but theCongress may at any time by Law make or alter such Regulations, except as to thePlaces of chusing Senators.The Congress shall assemble at least once in every Year, and such Meeting shall beon the first Monday in December, unless they shall by Law appoint a different Day.Section 5.Each House shall be the Judge of the Elections, Returns andQualifications of its own Members, and a Majority of each shall constitute a Quorumto do Business; but a smaller Number may adjourn from day to day, and may be autho-rized to compel the Attendance of absent Members, in such Manner, and under suchPenalties as each House may provide [ Pobierz caÅ‚ość w formacie PDF ]