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· 4/16/2007

Angela Bouggess v. McKenzie Mattingly

Citations

  • 482 F.3d 886
  • 2007 U.S. App. LEXIS 8614
  • 2007 WL 1109076

How courts have described this case

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

  • holding that “resisting arrest by wrestling oneself free from officers and running away would justify the use of some force to restrain the suspect”
  • holding that deadly force was not objectively reasonable when no verbal warning was given although feasible because the suspect was fleeing the scene and posed no threat
  • holding that officer who shot suspect for resisting arrest and fleeing was not entitled to qualified immunity where there was no evidence that the suspect had a gun
  • holding that an officer was not entitled to qualified immunity where he fired on fleeing suspect where officer did not believe the suspect was armed and the alleged crimes were resisting arrest and dealing crack cocaine
  • noting that even if the suspect resisted arrest, those actions had concluded and the suspect was shot while he was in flight, warranting the denial of qualified immunity
  • explaining that it is “crucial for the purposes of this inquiry to separate [the Officer’s] decision-points and determine whether each of his particular decisions was reasonable”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Daughtrey, Gibbons

Read full opinion on CourtListener

Sourced 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.