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· 3/4/2011

Lamont v. New Jersey

Citations

  • 637 F.3d 177
  • 2011 U.S. App. LEXIS 4104
  • 2011 WL 753856

How courts have described this case

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

  • holding that suspect’s threatening conduct was a superseding cause which broke the chain of causation between officer’s violation of police procedures and suspect’s shooting
  • holding that officers reasonably employed deadly force where an apparently armed suspect made \a movement uniformly described by those on the scene as being similar to that of drawing a gun\
  • holding that a police officer “is not constitutionally required to wait until he sets eyes upon [a] weapon before employing deadly force to protect himself against a fleeing suspect who . . . moves as though to draw a gun”
  • finding that the officers' explanation of the circumstantial evidence was \a bit far-fetched\ and holding that the issue was to be determined by the factfinder
  • concluding that officers' decision to pursue a suspect into a wooded area rather than create a perimeter -- as would have been a standard practice according to the plaintiff's policing expert -- did not render the officers' subsequent use of force unreasonable
  • holding that an officer’s use of deadly force was reasonable when undisputed evidence shows that the suspect refused to comply with officer’s command that he show his hands and pulled his right hand abruptly out of his waistband as though he were drawing a pistol

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Smith, Stearns

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.