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· 5/9/2005

Christopher Sample v. Jason Bailey

Citations

  • 409 F.3d 689
  • 2005 U.S. App. LEXIS 8328
  • 2005 WL 1283517

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 first step in the qualified immunity analysis is whether a constitutional violation has occurred
  • holding that the officer violated the suspect’s constitutional rights when the officer shot the suspect as the suspect exited a cabinet toward the officer
  • holding that the issue of “whether the facts as alleged by [the plaintiff] demonstrate a violation of a clearly established constitutional right” presents a “neat abstract issue of law”
  • holding that it was an “obvious case” that a police officer may not shoot an unarmed, intoxicated, and unresponsive suspect who moved his hand when ordered to exit the cabinet where he was hiding
  • noting that “only in rare instances may an officer seize a suspect by use of deadly force” (internal quotations omitted)
  • holding the use of force excessive when the victim’s actions could not have caused a reasonable policeman to perceive a serious threat of physical harm to himself or others

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Moore, Restani

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.