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KOUSHALL v. STATE

No. 13, Sept. Term, 2021.

277 A.3d 403 (2022)

479 Md. 124

Marlon KOUSHALL v. STATE of Maryland.

Court of Appeals of Maryland.

Reconsideration Denied April 25, 2022.

Attorney(s) appearing for the Case

Argued by Thomas M. Donnelly and Kristin C. Tracy (Law Offices of Thomas M. Donnelly, LLC, Baltimore, MD), on brief, for Petitioner.

Argued by Sarah Page Pritzlaff , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before: Getty, C.J., McDonald, Hotten, Booth, Biran, Irma S. Raker (Senior Judge, Specially Assigned), Alan M. Wilner (Senior Judge, Specially Assigned), JJ.

Members of law enforcement are public officers privileged to use force when reasonably necessary under the circumstances to protect life and preserve the peace. This privilege is lost when a member of law enforcement uses excessive force—that is force greater than is reasonably necessary under the circumstances. A member of law...

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