Levi v. Fidelity Trust & Safety Vault Co.

How courts have described this case

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

• determining that the plaintiffs’ allegations regarding the amount of force use were sufficient to create genuine issues of material fact as to the reasonableness of the force used
• applying same four- part test to determine whether officer’s use of force shocked the conscience
• finding qualified immunity was precluded when an officer threw an unarmed woman to the floor
• “In this case, my determination that issues of material fact exist as to the reasonableness of the officers’ use of force justifies denial of summary judgment on the grounds of qualified immunity.”
• “[A]lthough a showing of excessive force does not require proof of permanent injury, de minimis injuries may indicate that the amount of force was likewise de minimis.” (citations omitted)
• the shove on the stairs and kicking apart the Plaintiff’s legs during a pat down search “was not objectively sufficiently serious to rise to the level of a constitutional violation

Source: CourtListener parenthetical corpus (CC0).