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· 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 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.