Leona M. Qualey v. Pierce County, et al.

Tacoma, Washington personal injury lawyers represented the Plaintiff who sued on a civil rights violation theory.



The suit calls tOn Jan. 16, 2022, Moses Portillo was shot and killed. The plaintiff claimed that the shooting "unnecessary, reckless, negligent and wrongful,” and it claims Dolan violated proper police procedure, Sheriff's Department's policies and procedures and Washington Statutory Authority requiring law enforcement officers to use de-escalation in their interactions with the public.



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Excessive force by law enforcement is a civil rights violation, specifically under the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. This means police officers are prohibited from using more force than is reasonably necessary in any given situation. Violations can lead to legal action, including Section 1983 claims against the officer and their employer.



Key Points:



Fourth Amendment:



The Fourth Amendment protects individuals from unreasonable seizures, which includes excessive force used by law enforcement during an arrest, investigatory stop, or other interactions.



Reasonableness Standard:



The key factor in determining excessive force is whether the amount of force used was objectively reasonable under the circumstances. This is determined by the "reasonable officer" standard, meaning a jury will consider what a reasonable officer would have done in the same situation.



Section 1983 Claims:



Individuals can sue law enforcement officers under Section 1983 of the U.S. Code for violating their constitutional rights, including the right to be free from excessive force.



Qualified Immunity:



Law enforcement officers may be protected by qualified immunity, which shields them from liability unless their actions violated clearly established statutory or constitutional rights, and there's no dispute about the facts, says Privette Law Office.



Federal Laws:



Other federal laws, like 42 U.S.C. Section 1983, also address excessive force and allow victims to seek legal recourse.

07/18/2025 95 ORDER granting 94 Stipulated Motion for Order of Dismissal. ORDERED, ADJUDGED, AND DECREED that the Plaintiffs complaint against Defendants COUNTY OF PIERCE, a political subdivision of the State of Washington, d/b/a Pierce County Sheriff's Office, EDWARD TROYER, an individual and THOMAS DOLAN, an individual be, and the same is hereby dismissed with prejudice, with all parties to bear their own costs and attorney fees. Signed by District Judge Tiffany M. Cartwright.(MDH) (Entered: 07/18/2025)

07/18/2025 96 JUDGMENT BY COURT. THE COURT HAS ORDERED THAT the case be dismissed with prejudice, with all parties to bear their own costs and attorney fees. (MDH) (Entered: 07/18/2025)