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Reason
Reason
Jacob Sullum

The 5th Circuit Approves a Cop's Violent Response to a Dispute Over a 7-Year-Old's Littering

A 2016 dispute between neighbors that began when a 7-year-old boy was accused of littering escalated into a violent confrontation with Fort Worth police officer William Martin, who arrested the boy's mother, Jacqueline Craig, and three of his sisters. Craig says Martin, in addition to forcing her to the ground with a taser to her back, kicked her 15-year-old daughter ("J.H."), hit her 14-year-old daughter ("K.H.") in the throat, and, after handcuffing her 19-year-old daughter, Brea Hymond, "hyper-extended her handcuffed arms by flexing them above her head in order to cause pain." Martin's body camera video suggests all this happened because he was irked when Craig angrily berated him for condoning an assault on her son and criticizing her parenting.

Because the legal justification for Martin's use of force was unclear, a federal judge ruled that Craig could proceed with her lawsuit against him. But last month, a three-judge panel of the U.S. Court of Appeals for the 5th Circuit concluded that Martin had done nothing illegal. That assessment seems highly dubious even based on the undisputed facts of the case.

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