Margaret Cowan, Administratrix of the Estate of Victoria Cooper v. Michael Breen, Town of North Branford, Consolidated-Defendant-Appellant

How courts have described this case

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

• holding that “[[b]ecause in this case genuine, material, factual disputes overlap both the excessive force and qualified immunity issues, summary judgment must be denied”
• holding that “[[b]ecause in this case genuine, material, factual disputes overlap both the excessive force and qualified immunity issues, summary judgment must be denied”
• explaining that “we will disregard any disputed 17 facts or facts that contradict [the plaintiff’s] version of the events” when reviewing a denial of 18 summary judgment on qualified immunity
• explaining that even if the officer is in grave danger, the -decision to shoot can still be unreasonable if shooting may put the officer or others in even greater danger
• finding that whether a car driver posed a deadly threat depended on whether the car was in fact bearing down on the officer at the moment that he fired at the car
• noting that “genuine issues of material fact” may preclude summary judgment on “both the question [of] whether [a defendant] used excessive force and the question [of] whether he reasonably believed that his use of force was lawful”

Source: CourtListener parenthetical corpus (CC0).