Skip to main content
· 5/31/2017

Gipe v. DBT Xpress, LLC

Citations

  • 2017 NY Slip Op 4258
  • 150 A.D.3d 1208
  • 52 N.Y.S.3d 904

How courts have described this case

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

  • holding that improper motive could be inferred in part from fact that inmate was subjected to taser shocks while “handcuffed and surrounded by officers”
  • holding that delivering taser shocks to inmate who was handcuffed and surrounded by officers might allow a jury to infer improper motive
  • noting that policies relevant to the use of force “routinely are considered in excessive-force litigation, including litigation that arises in the prison context”
  • noting that incident reports included statements describing the prisoner’s disrespectful attitude and alleged threats of future violence
  • explaining that all reasonable inferences must be drawn in favor of plaintiff inmate when defendant officers move for summary judgment
  • explaining that a district court “had no occasion to consider the second two prongs” given its conclusion that there had been no illegal act

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, Sgroi, Maltese, Duffy

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.