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· 11/15/2005

Lowell Dean Wilson v. David Flynn Jason Butler Town of Ayden

Citations

  • 429 F.3d 465
  • 2005 U.S. App. LEXIS 24555
  • 2005 WL 3046533

How courts have described this case

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

  • concluding that this factor weighed against plaintiff when he ”disobeyed Officer Flynn’s orders and physically resisted when Officer Flynn attempted to put [plaintiff] in handcuffs”
  • finding that the use of force was reasonable where the plaintiff disobeyed the officer’s orders and physically resisted when the officer attempted to handcuff him
  • finding that the alleged crime at issue, placing “[a] hand on [the alleged.victim’s] face” failed to result “in any significant physical harm, it still constitutes criminal activity”
  • noting that, even without any evidence of the assault causing physical harm, a reasonable officer could still conclude that the suspect’s conduct evidenced an intent to hurt
  • finding that the alleged crime at issue, placing “[a] hand on [the alleged victim’s] face” failed to result “in any significant physical harm, it still constitutes criminal activity”
  • holding, even without evidence of physical harm resulting from an assault, a reasonable officer could conclude that a suspect’s conduct showed an intention to hurt and therefore was severe under this factor

Source: CourtListener parenthetical corpus (CC0).

Judges: Motz, Traxler, Shedd

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.