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· 8/6/2015

Ellison Ex Rel. Estate of Ellison v. Lesher

Citations

  • 796 F.3d 910
  • 2015 U.S. App. LEXIS 13714
  • 2015 WL 4645667

How courts have described this case

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

  • stating that deadly force is appropriate only in response to “a significant threat of death or serious physical injury to the officer or others”
  • mentioning probable cause when addressing objective reasonableness but not reaching the question of whether the officer had probable cause
  • mentioning probable cause when addressing objective -8- Litchfield, 689 F.3d 961, 965 (8th Cir. 2012). “But where a person ‘poses no immediate threat to the officer and no threat to others,’ deadly force is not justified.” Ellison v. Lesher, 796 F.3d 910, 916 (8th Cir. 2015
  • whether force is excessive under the Fourth Amendment requires a determination of whether or not law enforcement officers’ actions are “objectively reasonable in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”
  • whether force is excessive under the Fourth Amendment requires a determination of whether or not law enforcement officers’ actions were “objectively reasonable in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.”
  • whether force is excessive under the Fourth Amendment requires a determination of whether or not law enforcement officers’ actions are “objectively reasonable in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Colloton, Benton

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.