· 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 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.