Ruling in deadly 2011 police shooting lawsuit challenged by libertarian think tank | KOB 4
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Ruling in deadly 2011 police shooting lawsuit challenged by libertarian think tank

Brittany Costello
March 31, 2018 06:28 PM

ALBUQUERQUE, N.M. – Years after a deadly officer-involved shooting in northern New Mexico, the use of force in that case is still being called into question.

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Now the Cato Institute, a Washington-based think tank, is urging the Supreme Court to review a 2017 court ruling. 

It all started with a frantic call to police on Oct. 4, 2011 reporting a driver turning his lights off and on, and driving recklessly. That call would lead State Police officers to a secluded home in Glorieta, just outside Santa Fe – the home of Daniel and Samuel Pauly.

Daniel Pauly was allegedly the driver in a road rage incident that happened on Interstate 25.

It was dark when three NMSP officers walked up to the home with flashlights, though those documents state "officers agreed there was not enough evidence to arrest Daniel,” according to court documents.

The documents state the two men inside believed officers were actually intruders, so they armed themselves. The two men inside the home allegedly fired a few warning shots. The warning shots prompted an officer to fire back, according to court documents, and Samuel Pauly was fatally shot.

Court documents allege the officers failed to properly identify themselves.

The officers were never charged with wrongdoing, but the family filed a wrongful death lawsuit saying the officers violated Pauly's Fourth Amendment rights.

In an effort to avoid trial, those officers claimed they had qualified immunity. After a number of court rulings and an opinion from the country's highest court, the 10th Circuit Court of Appeals ruled in favor of those officers.

In a brief filed this month, Pauly v. White, the Cato Institute is asking the highest court to review the case once again and reconsider qualified immunity, emphasizing that the ruling "contributes to a culture of near-zero accountability for law enforcement and other public officials."

The Cato Institute is supporting a petition for that Supreme Court review in this case. 

 

 

 

ALBUQUERQUE, N.M. – Years after a deadly officer-involved shooting in northern New Mexico, the use of force in that case is still being called into question.

Now the Cato Institute, a Washington-based think tank, is urging the Supreme Court to review a 2017 court ruling.  https://www.cato.org/publications/legal-briefs/pauly-v-white

It all started with a frantic call to police on Oct. 4, 2011 reporting a driver turning his lights off and on, and driving recklessly. That call would lead State Police officers to a secluded home in Glorieta, just outside Santa Fe – the home of Daniel and Samuel Pauly.

Daniel Pauly was allegedly the driver in a road rage incident that happened on Interstate 25.

It was dark when three NMSP officers walked up to the home with flashlights, though those documents state "officers agreed there was not enough evidence to arrest Daniel,” according to court documents.

The documents state the two men inside believed officers were actually intruders, so they armed themselves. The two men inside the home allegedly fired a few warning shots. The warning shots prompted an officer to fire back, according to court documents, and Samuel Pauly was fatally shot.

Court documents allege the officers failed to properly identify themselves.

The officers were never charged with wrongdoing, but the family filed a wrongful death lawsuit saying the officers violated Pauly's Fourth Amendment rights.

In an effort to avoid trial, those officers claimed they had qualified immunity. After a number of court rulings and an opinion from the country's highest court, the 10th Circuit Court of Appeals ruled in favor of those officers.

In a brief filed this month, Pauly v. White, the Cato Institute is asking the highest court to review the case once again and reconsider qualified immunity, emphasizing that the ruling "contributes to a culture of near-zero accountability for law enforcement and other public officials."

The Cato Institute is supporting a petition for that Supreme Court review in this case. https://object.cato.org/sites/cato.org/files/pubs/pdf/pauly-v-white2c-cato-amicus-brief.pdf

 

 

 

 

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Brittany Costello

Copyright 2018 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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