Judge tosses ‘excessive force’ claim from lawsuit against police, but allows other parts to move ahead

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A lawsuit alleging Eugene police wrongly used aggressive tactics in arresting a man undergoing a mental health crisis will move forward, but with a key claim tossed out.

In a May 30 ruling, U.S. District Judge Mustafa Kasubhai dismissed a claim of excessive force in the 2020 arrest of Eamonn Kerr-Daly. In a 33-page opinion, the judge at one point describes the force used by police as potentially “unreasonable,” but cited “qualified immunity” for police in explaining his decision.

Qualified immunity is a legal concept that generally protects government officials, including police, from civil damages unless their conduct violates clearly established rights…

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