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Court: Man can't sue over police kick without officer ID

September 14, 2018 - 11:43 am
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NEWARK, N.J. (AP) -- A federal appeals court says a New Jersey man kicked by police during a 2010 traffic stop can't sue for excessive force unless he can identify the officer who kicked him.

Emil Jutrowski sued two police officers and two state troopers after the incident in Morris County.

Jutrowski said he was kicked in the face and suffered a fractured eye socket as he was being held face down on the pavement. The defendants didn't dispute Jutrowski was kicked, but none admitted doing it or seeing who did.

On Thursday, the 3rd U.S. Circuit Court of Appeals held Jutrowski must establish the personal involvement of each defendant in order to sue.

But the panel said he can still seek to prove his rights were violated by a post-incident cover-up.