· 5/28/2009
Grawey v. Drury
Citations
- 567 F.3d 302
- 2009 U.S. App. LEXIS 11181
- 2009 WL 1479017
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that a specific body of caselaw did not exist regarding the misconduct at issue, but still finding that the officer violated the plaintiff’s clearly established right
- observing that disturbing the peace is a “relatively minor” offense and, given the circumstances, did not merit the use of pepper spray
- holding officers’ use of pepper spray unreasonable when the arrestee had placed his hands against a wall and gave no indication of resistance
- holding officers’ use of pepper spray unreasonable when the arrestee had placed his hands against a wall and gave no indication of resistance
- holding officers’ use of pepper spray unreasonable when arrestee gave no indication of resistance
- accepting parties’ argument that good-faith analysis under Michigan law is “essentially the same” as the objective- reasonableness test for federal qualified immunity
Source: CourtListener parenthetical corpus (CC0).
Judges: Kethledge, White, Polster
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.