Aliyana M. Henning, Estate of Garrett D. Henning, Dean C. Henning v. Timothy J. O'leary, Michael Blaser, Scott Peterson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the parents and daughter of a man who was killed by police during a traffic stop had no Fourth Amendment right arising out of the stop so that they could not bring an excessive force claim on their own behalf
• finding that there was “no doubt” that the officer had reasonable cause to believe that the suspect posed a danger of serious bodily harm when at least two officers believed that the suspect’s hands were on or near a gun
• affirming summary judgment for officers in excessive force case; minor inconsistencies among officers’ accounts of event were not sufficient to defeat summary judgment
• “Wisconsin recognizes claims for wrongful death (which is effectively what the excessive force claim is) and the estate or those who would recover may bring an action for the deceased plaintiff.”
• “Police officers cannot be expected to wait until a resisting arrestee has a firm grip on a deadly weapon and completely freed himself 9 from officers trying to subdue him before taking action to ensure their safety.”
• minor inconsistencies in testimony not enough to defeat summary judgment

Source: CourtListener parenthetical corpus (CC0).