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· 10/26/2023

Carboni v. Alfa Romeo USA

Citations

  • 220 A.D.3d 591
  • 197 N.Y.S.3d 62
  • 2023 NY Slip Op 05443

How courts have described this case

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

  • explaining that the right against excessive use of force in prison arises under the Eighth Amendment for convicted prisoners and the Fourteenth Amendment for pretrial detainees
  • explaining that while the test is not whether “force was absolutely necessary,” it still requires a showing that “force could plausibly have been thought necessary” (emphasis added) (citation omitted)
  • concluding that where the detainee was attempting to pull away from jail officials, use of the “leg-sweep maneuver” to subdue the detainee was not “undertaken ... in a wanton manner, but [the officer] was acting as he was trained while attempting to gain control of [the defendant]’”’
  • describing the need for use of a leg sweep to contain an inmate who was struggling against two officers as “a close case”
  • no excessive force when officials performed a “leg-sweep maneuver” to subdue a non-compliant inmate
  • no excessive force when officials performed a “leg-sweep maneuver” to subdue a non-compliant inmate

Source: CourtListener parenthetical corpus (CC0).

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.