BS-1165/2010-VLR ECLI:DK:VLR:2023:BS0000004778 AI generated

Court dismisses claim for damages against police for alleged excessive force during arrest.

Case Number BS-1165/2010-VLR

Court / Authority Vestre Landsret

Jurisdiction

Denmark (DK)

Decision Date 2010-09-21

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the plaintiff's claim for damages alleging excessive force by police officers during an arrest. The plaintiff argued that the officers used unnecessary violence, while the defense contended the force was proportionate to the threat. The court ruled that the officers' actions were justified under the circumstances, thereby rejecting the compensation request.

Legislator headnote

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Straffelovens § 29; § 1000, stk. 1, nr. 1; § 1000, stk. 2, nr. 1: Police use of force is lawful if proportionate to the threat, and damages are not awarded when the force meets this standard.

Keywords

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police use of force excessive force claim proportionality principle criminal procedure law damages against state

Cited Legislation

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Straffelovens § 29

§ 1000, stk. 1, nr. 1

§ 1000, stk. 2, nr. 1

AI generated

BS-28125/2023-VLR

Appeal dismissed because the lower court's ruling on suspensive effect requires Process Permission Board approval under § 389a.

BS-27589/2021-OLR

Appeal dismissed because plaintiff failed to file claims in the digital court portal as required by law.

Højesteret allows appeal against dismissal due to missing follow-up on original signed petition, remitting case for salary review.

BS-397/2011-OLR

Appeal court upholds lower court's decision to reopen a small claims case after default judgment. The court confirms the general right to request case reopening under the Code of Civil Procedure. The decision clarifies that small claims rules do not exclude the general reopening provision. The court notes the defendant requested reopening within the statutory time limit. The appeal court affirms the lower court's ruling on reopening the proceedings.

Court dismisses appeal on costs as original appeal covered entire lower court decision including costs.

Full text

Landsrettens afgørelse om at kæremålet afvises, tages ikke til følge