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· 10/30/2023

In re Resignation of O'Brien

Citations

  • 178 Ohio St. 3d 1201
  • 254 N.E.3d 89
  • 2023 Ohio 3922

Syllabus

Attorneys at law—Resignation with disciplinary action pending—Gov.Bar R. VI(11)(C).

How courts have described this case

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

  • holding that deadly force is acceptable when an officer is on foot and in the path 3 of a suspect’s accelerating vehicle
  • holding that the court “must view the facts from [the officer’s] perspective at the time he decided to fire”
  • explaining that the purpose to harm standard applies where a situation evolves quickly and forces an officer to respond quickly
  • explaining that requiring an officer to “reevaluate whether a deadly threat has been eliminated after each shot . . . places additional risk on the officer not required by the Constitution.”
  • holding as objectively reasonable officer’s decision to shoot the driver of a van which was accelerating in close quarters with two officers; “absolute certainty of harm need not precede an act of self-protection”
  • holding as objectively reasonable officer’s decision to shoot the driver of a van which was accelerating in close quarters with two officers; “absolute certainty of harm need not precede an act of self-protection”

Source: CourtListener parenthetical corpus (CC0).

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.