· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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