Jennings v. Southern Railway Co.

How courts have described this case

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

• holding that an officer who pulled a non-resisting, non-threatening suspect for a minor civil infraction from his vehicle and “slammed” him against his back windshield used excessive force
• finding a triable issue of fact as to an officer’s recklessness where the officer “forcibly pull[ed] a compliant, non-resisting suspect from his car and slamm[ed] him against it with enough force to cause facial, neck, and head contusions”
• “As far back as 1999, this court has held that slamming a compliant, non-resisting suspect into a stationary object during an arrest constitutes excessive force.”
• “As far back as 1999, this court has held that slamming a compliant, non-resisting suspect into a stationary object during an arrest constitutes excessive force.”
• “As far back as 1999, this court has held that slamming a compliant, non- resisting suspect into a stationary object during an arrest constitutes excessive force.”
• “[W]hen a suspect is not resisting and not dangerous, it is objectively unreasonable, indeed gratuitous, to forcibly pull him from his car and slam him against it with enough force to cause [injuries].”

Source: CourtListener parenthetical corpus (CC0).