Matter of Elizabeth B. v. New York State Office of Children and Family Services

How courts have described this case

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

• holding that plaintiff could not prevail under an “accommodation” theory when defendant officer “had no way of gauging what specific accommodation, if any, might have been reasonable under the circumstances”
• holding that a reasonable jury could find that a single use of a taser in drive-stun mode to quell a nonviolent, mentally ill individual who was taken to the ground but refused to comply with order to put her hands behind her back, was excessive force
• finding prior case \inapposite\ for purposes of clearly established inquiry because there, the plaintiff \present[ed] no significant 'active resistance' or threat\ (alteration in original
• analyzing Title II liability separately from the reasonableness of an officer's use of force under the Fourth Amendment
• collecting cases and discussing the situation in which a plaintiff has little or no memory of the events underpinning his or her claims
• accepting the “uncontroversial premise that the . . . activities of a municipal police department are generally subject to the provisions of Title II of the ADA”

Source: CourtListener parenthetical corpus (CC0).