Don R. Johnson and Freddie L. Oliver v. Texas Serenity Academy, Inc. D/B/A Texas Serenity Academy Charter School

How courts have described this case

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

• concluding that precedent was clearly established law even though \not factually identical\ to the case on appeal because the precedent was \factually analogous\ and \share[d] ... decisive factual circumstance[s]\ with the case on appeal
• holding use of force was objectively unreasonable when officers “struck [suspect] more than 10 times and placed him in a carotid restraint” as the suspect regained consciousness
• noting that Dixon and several other Tenth Circuit cases “clearly establish that the Fourth Amendment prohibits the use of force without legitimate justification, as when a subject poses no threat or has been subdued”
• stating that 5 The district court also relied on United States v. Davis, 94 F.3d 1465 (10th Cir. 1996), to find a constitutional violation. There, officers stopped the defendant based on four facts: (1) proximity to “a known criminal establishment”; (2
• looking at the “decisive factual circumstances” and relying on cases that “are not factually identical,” but “are factually analogous”
• considering whether “[striking plaintiff] more than 10 times and plac[ing] him in a carotid restraint” was reasonable

Source: CourtListener parenthetical corpus (CC0).