· 12/12/2011
Mt. Clemens Auto Center, Inc. v. Hyundai Motor America
Citations
- 844 F. Supp. 2d 804
- 2011 WL 6152877
- 2011 U.S. Dist. LEXIS 142362
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that respondeat superior applies to state law claims for assault and battery against a city
- observing that the Second Circuit has not extended the doctrine to 42 U.S.C. § 1983
- explaining that “officers, agents[,] and employees of a single corporate entity are legally incapable of conspiring together” (quoting Hartline v. Gallo, 546 F.3d 95, 99 n.3 (2d Cir. 2008)
- finding allegations that sergeant instructed officer to use a taser on the plaintiff a second time, which plausibly constituted excessive force, provided plausible basis for sergeant’s direct participation
- finding plausible claim that policymakers were deliberately indifferent to the constitutional rights of mentally/emotionally disturbed persons under a single-incident theory
- dismissing Fourth Amendment claim because “facts as alleged by Plaintiff ma[de] clear that the officers’ entrance into the apartment” fell under the emergency aid exception
Source: CourtListener parenthetical corpus (CC0).
Judges: Lawson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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