Suppose you represent Officer Cue. How should you present
the following defenses?
- I am immune from liability under the state statute.
- The plaintiff has failed to exhaust statutory procedures
- I wasn't menacing
- He called me a Cro-Magnon
- He was drunk
- His grandmother was an Irish terrorist, and his grandfather
was a British war criminal
- He is well known on the Northshore as a jerk
- Object snatching is a battery only in the race-discrimination
- I did not move the flashlight in a threatening manner; no
reasonable person would have anticipated a blow from it
- He grabbed for my gun
- He was physically incapable of producing his documents
- He cursed at me
- I didn't touch the wallet; I only reached for it
- I have qualified immunity under section 1983
- His intoxication causes his injuries; nothing I did was
Suppose you represent the Village of Kenilworth. How should
you present the following defenses?
- The plaintiff has not alleged a policy or practice that
led to the violation of his 4th Amendment rights