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· 6/4/2024

Elijah Kaluanya v. the State of Texas

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 person who remained in his vehicle despite officers’ repeated commands for him to exit the vehicle was not actively resisting, and officers’ use of a Taser gun to subdue the person was “objectively unreasonable” and violated the Fourth Amendment
  • tasing plaintiff, throwing him to the ground, and placing knee on his neck while he “was suffering from a hypoglycemic episode”
  • first citing Hagans v. Franklin Cnty. Sheriff’s Off., 695 F.3d 505, 509 (6th Cir. 2012) and then citing Kijowski, 372 F. App’x at 601
  • “If there is a common thread to be found in our caselaw on this issue, it is that noncompliance alone does not indicate active resistance; there must be something more.”
  • “noncompliance alone does not indicate active resistance; there must be something more”
  • “noncompliance alone does not indicate active resistance; there must be something more”

Source: CourtListener parenthetical corpus (CC0).

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.