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On Wed, 03 Dec 2014 18:52:38 -0500, "Mr. Luddite"
wrote: A choke hold in NY is not permitted under any circumstances per NYPD policy. It is considered to be excessive force. Questions: Is the choke therefore against the law? === No. The rule is a departmental policy, and if you break it, you are subject to departmental discipline/corrective action. If you could establish in a departmental hearing that you had no other choice or it was accidental, you might be exonerated. That doesn't seem very likely in this case since they could have maced Garner or tasered him. The cops clearly over reacted in my opinion. Given Garner's asthma and other medical issues, the mace or taser might have killed him but we'll never know. |