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· 1/10/2007

Mary Sallenger, as the Administrator of the Estate of Andrew B. Sallenger, Deceased v. Brian Oakes, James Zimmerman, and Jason Oliver

Citations

  • 473 F.3d 731
  • 2007 U.S. App. LEXIS 436
  • 2007 WL 60422

How courts have described this case

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

  • concluding that there was jurisdiction because there were purely legal issues to resolve despite the mention of some disputed facts
  • concluding that there was jurisdic- tion because there were purely legal issues to resolve despite the mention of some disputed facts
  • holding that blows with fists and a flashlight to the back of a head may be deadly force
  • concluding that repeated punches and blows with a flashlight after suspect was handcuffed constituted unreasonable and excessive force
  • reversing grant of qualified immunity because “[viewing the' facts in the light most favorable to the plaintiff,” the right to be free from excessive force was clearly established
  • “Recognizing the urgency of denials of qualified immunity, [a denial of] summary judgment on these grounds is deemed a ‘final judgment’ under 28 U.S.C. § 1291 and is immediately appealable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cudahy, Manion, Rovner

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.