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Tag Archives: excessive force

Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Defendant, a state trooper, stopped plaintiff for suspected DUI. When plaintiff refused to comply with defendant’s instructions, defendant took plaintiff to the ground, breaking her knee. Plaintiff filed a §1983 action alleging excessive force and unlawful seizure. The district court ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Plaintiff, an elementary school student, sued under 42 U.S.C. §1983, alleging that defendants unreasonably seized him and used excessive force by handcuffing him. Defendants moved for summary judgment based on qualified immunity. The district court concluded that disputed material facts ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Deliberate Indifference

SWAT officers arrived at what they believed to be an apprehended homicide suspect’s home to search for evidence. A woman inside the home answered the door and indicated she would unlock the front screen for officers. However, they threw a ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

A Benton police officer shot and killed 17-year-old Keagan Schweikle. His parents filed a §1983 action against the officer, the chief of police and the city. The district court granted defendants summary judgment, finding that the officer was entitled to ...

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Civil Rights: Unlawful Seizure-Excessive Force-Qualified Immunity

Where a plaintiff brought claims of civil-rights violations after his encounter with police at a rest area, the police officer was entitled to qualified immunity after the first encounter because it was consensual and involved no coercion or restraint, and ...

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Civil Rights: Excessive Force-Negligent Hiring-Failure to Provide Adequate Medical Care

Plaintiff appealed from the dismissal of her excessive force and related claims against defendants, arising from police defendants’ use of deadly force against plaintiff’s son, who allegedly fled from officer, was armed and fired at the pursuing officers. Where no ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Statute of Limitations

  Plaintiff filed suit against defendants under 42 U.S.C. §1983, alleging he suffered injuries at the hands of defendants. The district court granted summary judgment to defendants, ruling that plaintiff had filed his suit after the expiration of the statute ...

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