· 7/18/2002
Diana Mickle, John R. Williams v. Sean Morin and Ronald Smith
Citations
- 297 F.3d 114
- 53 Fed. R. Serv. 3d 245
- 2002 U.S. App. LEXIS 14472
- 2002 WL 1583885
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that grant of judgment as a matter of law based upon qualified immunity was improper when facts were in dispute
- holding that rational juror could find use of force ex- cessive where handcuffing caused bruising and dislocated rotator cuff and plaintiff’s only offense was making non- emergency calls to 911
- stating that the court must draw all reasonable inferences in favor of the non-moving party
- discussing that in addition to showing bad faith, the court must also provide specific notice of its consideration of sanctions and an opportunity to be heard before their imposition
- reversing sanction of dismissal for attorney misconduct due to lack of notice and opportunity to be heard
- collecting cases where factual disputes “were sufficient to preclude summary judgment dismissing a § 1983 claim for excessive force”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Kearse, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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