Tenth Circuit· 4/10/2018

McCoy v. Meyers

Citations

887 F.3d 1034

How courts have described this case

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

concluding that precedent was clearly established law even though \not factually identical\ to the case on appeal because the precedent was \factually analogous\ and \share[d] ... decisive factual circumstance[s]\ with the case on appeal
holding use of force was objectively unreasonable when officers “struck [suspect] more than 10 times and placed him in a carotid restraint” as the suspect regained consciousness
noting that Dixon and several other Tenth Circuit cases “clearly establish that the Fourth Amendment prohibits the use of force without legitimate justification, as when a subject poses no threat or has been subdued”
stating that 5 The district court also relied on United States v. Davis, 94 F.3d 1465 (10th Cir. 1996), to find a constitutional violation. There, officers stopped the defendant based on four facts: (1) proximity to “a known criminal establishment”; (2
looking at the “decisive factual circumstances” and relying on cases that “are not factually identical,” but “are factually analogous”
considering whether “[striking plaintiff] more than 10 times and plac[ing] him in a carotid restraint” was reasonable

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Kelly, Matheson

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Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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