· 6/7/2010
Brown v. City of Huntsville, Ala.
Citations
- 608 F.3d 724
- 2010 U.S. App. LEXIS 11480
- 2010 WL 2243877
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 city was entitled to immunity for assault and battery claims stemming from intentional, rather than negligent, careless, or unskillful use of force
- concluding that officer was not entitled to qualified immunity when he used pepper spray to subdue a suspect who was not resisting arrest for a minor offense and then threw her to the ground before applying handcuffs
- holding that, for unlawful arrest liability under §1983, a plaintiff must show that the officer was “personally involved in the acts that resulted in the constitutional deprivation” such that “merely being present” was not enough
- recognizing doctrine of state-agent immunity under Alabama law and the defense of statutory discretionary-function immunity
- noting that “[w]hether an officer possesses probable cause . . . depends on the elements of the alleged crime and the operative fact pattern”
- noting that under Alabama law, a city is not liable 13 Plaintiffs rely on Faulkner v. University of Tennessee, 627 So. 2d 262 (Ala. 1992
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Wilson, Farris
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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