Brooks v. City of Aurora, Ill.

How courts have described this case

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

• holding that “a successful Fourth Amendment seizure did not occur until after [the plaintiff] was incapac- itated by the pepper spray”
• noting that courts have found use of force excessive “when the use of pepper spray is gratuitous or unprovoked”
• noting it is “often ... reasonable to use pepper spray against a suspect who is physically resisting arrest”
• finding arrestee was seized when he was incapacitated by pepper spray
• “Courts often have held that it is reasonable to use pepper spray against a suspect who is physically resisting arrest....”
• use of pepper spray could be deemed to be excessive force when it was “gratuitous or unprovoked.”

Source: CourtListener parenthetical corpus (CC0).