NTOA › Forums › Operational Leadership › SWAT Command Decision-Making And Leadership I: Federman v. County of Kern › What was the main issue of “material fact” in this case? › Reply To: What was the main issue of “material fact” in this case?
The plaintiiffs alleged two separate excessive force violations under the Fourth Amendment, the entry and the shooting. The court determined that Federman was attempting to surrender, while the team member obviously felt otherwise. The fact that the court discounted the knife Federman’s hand at the time of his surrender is telling. I believe the material fact is that Federman was surrendering in the eyes of the court. The lack of warrant, lack of notification of the intentions of the Sheriff’s Office and the escalation of force and aggressive tactics led to the unfortunate deadly force application by the entry team. I believe the events leading up to the final moments played heavily in the decision of the court.