· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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