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· 2/26/2009

McCullough Ex Rel. McCullough v. Antolini

Citations

  • 559 F.3d 1201
  • 2009 U.S. App. LEXIS 3874
  • 2009 WL 469327

How courts have described this case

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

  • holding that sheriff’s deputies reasonably used deadly force against a suspect who, after a high-speed chase, repeatedly refused to show his hands or respond to officers, revved his engine, and then drove his truck toward a deputy standing nearby in a parking lot
  • noting that “facts, as accepted at the summary judgment stage of the proceedings, may not be the actual facts of the case” (citation and internal quotation marks omitted)
  • officers’ use of deadly force not unreasonable after suspect drove in threatening manner even though original traffic stop was only for excessive window tint
  • “As this Court has repeatedly stressed, the facts, as accepted at the summary judgment stage of the proceedings, may not be the actual facts of the case.”
  • “[McCullough] drove the truck towards Antolini’s cruiser. Antolini had to quickly jump onto the hood of his police cruiser in order to avoid being hit by McCullough’s truck.”
  • “in light of the deference we afford the split-second police judgments in the field . . . [the officers] had powerful reason to believe that the use of deadly force was necessary to prevent escape”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Marcus, Kravitch

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.