Moving Home Page › 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?
It is first important to define “material fact”. USLegal.com defines material facts as “a fact that is important, significant or essential to a reasonable person in deciding whether to engage or not to engage in a particular transaction, issue or matter at hand. It is a fact that is significant or essential to the issue or matter at hand. The term material fact is also used to distinguish the unimportant or trivial detail.” In the Federman case some of the material fact could be the time when the officer shot, the fact no crime had been committed, the level of resistance by not wanting to leave his home, there were no known threats to neighbors or bystanders, the escalation of force by the officers, the mental and emotional stated of the Federman.