· 3/18/2015
Amanda Smith v. R. Ray
Citations
- 781 F.3d 95
- 2015 U.S. App. LEXIS 4391
- 2015 WL 1219476
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a suspect was not evading or resisting arrest when she instinctively pulled away from an officer’s sudden grip
- holding that, in “considering the reasonableness of an officer’s actions, [the Court] must consider the facts at the moment that the challenged force was employed.”
- recognizing that qualified immunity “gives government officials breathing room to make reasonable but mistaken judgments, and protects all but the plainly incompetent or those who knowingly violate the law” (internal quotation marks omitted)
- recognizing that qualified immunity “gives government officials breathing room to make reasonable but 6 mistaken judgments, and protects all but the plainly incompetent or those who knowingly violate the law” (internal quotation marks omitted)
- ruling that nonviolent misdemeanors weigh against finding that significant force was justified
- holding that arrestee’s right to be free from police officer throwing her to the ground when she was only suspected of a misdemeanor and not attempting to flee was clearly established at the time for qualified immunity purposes
Source: CourtListener parenthetical corpus (CC0).
Judges: Traxler, Gregory, Agee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.