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· 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 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.