· 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).
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.