· 3/7/2024
Jonathan Peden v. State of Florida
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Forsyth appeals are not “an entitlement to block trial,” and an interlocutory appeal is inappropriate if it would simply delay trial
- holding that more than mere negligence is required to state a claim under 42 U.S.C.A. § 1983
- holding that deadly force was not reasonable when no verbal warning was given and the suspect had his hands up telling the officer not to shoot
- holding that an officer’s actions were unreasonable under the Fourth Amendment where he “enter[ed] the dark hallway at 2:45 a.m. without identifying himself as a police officer, without shining a flashlight, and without wearing his hat” before shortly thereafter shooting the plaintiff
- holding that a plainclothes officer who fired his gun after entering a dark hallway in a private residence at 2:45 a.m. without identifying himself as police, wearing his police hat, or shining his flashlight was “more than merely negligent”
- recognizing district court’s discretion to certify appeal on qualified immunity grounds as frivolous and begin trial
Source: CourtListener parenthetical corpus (CC0).
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.