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· 11/18/2011

Daryl Bennett v. Jeremy Krakowski

Citations

  • 671 F.3d 553
  • 2011 U.S. App. LEXIS 23039
  • 2011 WL 5604055

How courts have described this case

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

  • explaining that although the court lacked jurisdiction over the “qualified immunity interlocutory appeal,” that did not “divest the court of jurisdiction over the appeal regarding governmental immunity under Michigan law”
  • Where there was a question of fact regarding whether the officers violated the plaintiff’s constitutional rights and used excessive force, there was likewise a question of fact regarding the issue of assault and battery.
  • “All claims that police officers used excessive force in the course of an arrest should be analyzed under the Fourth Amendment and its ‘objective reasonableness’ standard.” (citing Graham v. Connor, 490 U.S. 386, 397 (1989)
  • suspect face down on the ground with hands over his head

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibbons, White, Oliver

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.