Sixth Circuit· 6/4/2010

Miller v. Sanilac County

Citations

606 F.3d 240
2010 U.S. App. LEXIS 11469
2010 WL 2221026

How courts have described this case

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

holding plaintiff must show that policy or custom of company was “moving force” behind the alleged deprivation of rights to prevail in § 1983 action
holding that “a jury could reasonably find that slamming an arrestee into a vehicle constitutes excessive force when the offense is non-violent, the arrestee posed no immediate safety threat, and the arrestee had not attempted to escape and was not actively resisting”
stating that claim of municipal liability cannot succeed unless “a policy or custom of the municipality was the ‘moving force’ behind the deprivation of the plaintiff’s rights”
stating that claim of municipal liability cannot succeed unless “a policy or custom of the municipality was the ‘moving force’ behind the deprivation of the plaintiff’s rights”
requiring that a § 1983 claim against a municipality be supported by a showing that the moving force behind the injury was a municipal policy or custom
noting that officers indeed do not “ignore” complaints when they immediately loosen or remove handcuffs, but “it can hardly be construed to mean that a longer response is automatically a violation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Cole, Cook

Read full opinion on CourtListener

Cited by

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

Cites

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

Sourced from CourtListener / Free Law Project (CC0).

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