Morris v. Noe

How courts have described this case

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

• concluding that first Graham. factor weighed only slightly in favor of finding a takedown an acceptable use of force where crime was misdemeanor
• inferring that the words \Why was you talking to Mama that way\ did not constitute an \overt threa[t]\
• holding that officer was not entitled to qualified immunity because law was clearly established that the force used against Morris was unjustified because two Graham factors weighed in Morris’ favor
• holding that an officer’s “amount of force used should 17 USCA4 Appeal: 22-2115 Doc: 43 Filed: 04/15/2024 Pg: 18 of 37 [be] reduced accordingly” in cases of misdemeanor assault (alteration in original
• stating that question of whether genuine dispute of material fact exists doesn’t arise unless and until plaintiff first demonstrates that defendant violated clearly established constitutional right
• finding that the defendant officer’s forcible takedown violated clearly established law because the plaintiff was not a threat to the officer or others and he did not resist or flee

Source: CourtListener parenthetical corpus (CC0).