Skip to main content
· 3/11/2009

Lewis v. City of West Palm Beach, Fla.

Citations

  • 561 F.3d 1288
  • 2009 U.S. App. LEXIS 5126
  • 2009 WL 606546

How courts have described this case

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

  • holding that a city was not liable for a misapplication of training or an officer’s failure to follow clear policies
  • holding that “it is inapposite to allege the negligent commission of an intentional tort, such as the use of excessive force”
  • holding that a city was not liable for a misapplication of training or an officer’s failure to follow clear policies
  • holding that officers’ use of cord to “hogtie” suspect who had already been handcuffed and bound did not violate clearly established right because suspect “did not remain compliantly restrained” and “continued to struggle,” even though suspect died following incident
  • explaining that a right “may be clearly established for qualified immunity purposes” if the defendant acted with “conduct so egregious that a constitutional right was clearly violated” (emphasis added)
  • stating that to overcome qualified immunity a plaintiff must establish that “the officer’s conduct amounted to a constitutional violation” and “the right violated was clearly established at the time of the violation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Goldberg

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.