· 11/5/2013
Gabriel Coker v. Arkansas State Police
Citations
- 734 F.3d 838
- 2013 WL 5911240
- 2013 U.S. App. LEXIS 22420
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding qualified immunity not appropriate where “a reasonable jury could find . . . [the officer’s] decision to strike [defendant] using a metal flashlight after [defendant] was already on the ground and allegedly complying with [the officer’s] demands”
- “Making credibility determinations or weighing evidence in this manner is improper at the summary judgment stage.”
- “Making credibility determinations or weighing evidence in this manner is improper at the summary judgment stage, and it is not our function to remove the credibility assessment from the jury.” (citation omitted)
- “Making credibility determinations or weighing evidence in this manner is improper at the summary judgment stage, and it is not our function to remove the credibility assessment from the jury.” (citation omitted)
- denying motion for summary judgment, based on alleged qualified immunity, in an excessive force case where there was no recording of incident and parties’ versions differed
- reversing grant of qualified immunity because “[w]ithout the aid of video or an understandable audio recording, it is impossible to determine what happened . . . without weighing [the officer’s] version of events against [the plaintiff’s] story”
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Melloy, Shepherd
Read full opinion on CourtListenerSourced 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.