Collier v. Montgomery

How courts have described this case

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

• holding that an officer reasonably pushed an arrestee onto the hood of a police cruiser, causing some bruises and chest pain, after the arrestee physically resisted by “pull[ing] his hand back and turn[ing] away from the officer” and grappling with him briefly
• noting that a “plaintiff has the burden to negate the assertion of qualified immunity”
• holding there was no constitutional violation when plaintiff resisted being handcuffed and “grappled” with the police officer before the police officer pushed the plaintiff onto the hood of the police car and forced his right arm behind his back
• finding arresting officer’s use of force reasonable because the suspect physically resisted handcuffs
• “Although nominally an affirmative defense, the plaintiff has the burden to negate the assertion of qualified immunity once properly raised.”
• no excessive force during minor traffic stop because suspect’s resistance to being handcuffed justified “pushing him onto the hood of the cruiser”

Source: CourtListener parenthetical corpus (CC0).