· 5/1/1995
Baker v. Monroe Township
Citations
- 50 F.3d 1186
- 1995 U.S. App. LEXIS 10075
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that officer could be liable in § 1983 suit even where he neither personally used, nor directed anyone to use, excessive force
- holding that detention at gunpoint violated the Fourth Amendment as there was “simply no evidence of anything that should have caused the officers to use the kind of force they are alleged to have used”
- noting that police may order a suspect to “get down” during a Terry stop
- holding it was reasonable for police to force individuals onto the ground and detain them for 25 minutes during a dangerous, “swiftly developing” drug raid
- noting that occupants of a residence subject to a drug raid “are likely to be armed”
- holding that knowledge could be inferred from 3 supervising officer (i) “hollering instructions” outside to others who were holding plaintiffs in 4 handcuffs and at gunpoint, and (ii) being present in a small apartment where plaintiffs were being 5 held in one room
Source: CourtListener parenthetical corpus (CC0).
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.