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· 7/1/2005

Former Employees of Ericsson, Inc. v. United States Secretary of Labor

Citations

  • 29 Ct. Int'l Trade 601

How courts have described this case

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

  • concluding that disputed versions of plaintiff's resistance combined with other \unfavorable\ Graham factors precluded qualified immunity on excessive force claim
  • noting that when the state has not restricted one's ability to care for oneself, the rationale for an affirmative duty falls away
  • noting that when the state has not restricted one’s ability to care for oneself, the rationale for an affirmative duty falls away
  • holding officer was not entitled to summary judgment on issue of qualified immunity where arrestee “suffered a serious leg injury over a lost five[-]dollar bill”
  • explaining that a “parallel state law claim of assault and battery is subsumed within the federal excessive force claim”
  • stating that a torn ligament in a plaintiff’s leg, which required two surgeries and resulted in permanent partial disability, was a serious injury

Source: CourtListener parenthetical corpus (CC0).

Judges: Eaton

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.