Estate of Rudy Escob v. Brian Marti

How courts have described this case

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

• explaining that “evidence unknown to officers at the time force was used” may be relevant in evaluating credibility, such as by making it more or less likely that “a suspect acted in the manner described by the officer”
• affirming admission of evidence of decedent’s psychological profile, upcoming court date, and potential prison sentence even though information was unknown to officer at time of shooting
• discussing testimony that \tear gas is 'incapacitating' when an individual can no longer remain inside a structure\ and that \an 'incapacitating' amount of tear gas means an amount sufficient to make the suspect feel uncomfortable but not render him unconscious\
• “[E]vi- dence unknown to officers at the time force was used is also admis- sible to add credibility to an officer’s claim that a suspect acted in the manner described by the officer.”
• “Because there was a jury verdict in favor of the defendant commanders prior to the grant of judgment as a matter of law, we construe the evidence in the light most favorable to them.”
• “Though rare, trial courts may consider qualified immunity after trial.”

Source: CourtListener parenthetical corpus (CC0).