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AG Opinion KP-0343 No duty of officer to prevent other officer from violating rights?

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December 18, 2020, 11:08
Ben Stool
AG Opinion KP-0343 No duty of officer to prevent other officer from violating rights?
Recently released AG OP KP-0343 essentially states that there is no "absolute duty" under Texas law for a peace officer to "intervene to prevent another peace officer from violating the rights of a citizen." Reliance on this opinion as a defense to a peace officer's inaction "to prevent another peace officer from violating the rights of a citizen" seems questionable. Also, I can see a plaintiff using this opinion as a sword instead of a shield. Thoughts?

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AG OP KP-0343