· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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