Geraldine Burley v. Jeffery Gagacki

How courts have described this case

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

• holding that summary judgment on the issue of qualified immunity was improper because the defendants’ possible participation in a small group that committed alleged constitutional violations sufficed to create a triable issue of fact as to the defendants’ individual involvement
• affirming summary judgment for officers who were not in a home where excessive force was alleged to have occurred, but were instead providing perimeter security outside
• affirming a grant of summary judgment against a “failure-to-intervene theory…. “[b]ecause no evidence place[d] the state and local defendants inside plaintiffs’ home at the appropriate time to witness or respond to any unconstitutional conduct that may have occurred”
• municipal employee’s conduct while serving as a federal agent cannot be caused by municipal policy
• “To establish liability against an individual defendant acting under color of state law, a plaintiff must show that the defendant was ‘personally involved’ in the use of excessive force.”
• “Plaintiffs no longer contest the validity of the search warrant.”

Source: CourtListener parenthetical corpus (CC0).