Davis v. City of Las Vegas

How courts have described this case

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

• holding that a suspect who was \somewhat uncooperative and resisted [the officer's] attempts to search his pockets\ was not \actively resisting arrest\
• recognizing that courts also examine the 23 availability of alternatives to the amount of force used, and the mental and emotional 24 state of the plaintiff
• holding that the force used was \extremely severe\ when officer slammed suspect head-first into the wall, breaking his neck, then pressed to the ground by the officer's knee and punched
• ruling that an officer was not entitled to qualified immunity in part because the plaintiff did not pose an “immediate threat” to anyone’s safety and was “neither actively resisting arrest nor attempting to flee”
• holding that obstructing a police officer is a minor offense
• noting that 2 obstructing a police officer is generally not a severe crime for purposes of a Fourth Amendment 3 excessive force analysis

Source: CourtListener parenthetical corpus (CC0).