Nance v. Sammis

How courts have described this case

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

• recognizing liability for failure to intervene when an officer knew of excessive force and had both the opportunity and the means to prevent harm
• holding officer could be liable for his “failure to take action to deescalate the situation if he had an opportunity and means to do so”
• explaining that the Fourth Amendment applies to officer who fails to intervene to prevent the unconstitutional use of excessive force by another officer during an arrest or detention prior to conviction
• concluding that an officer may be liable for “failure to take action to deescalate the situation if he had an opportunity and means to do so” where defendant admitted that he failed to give any warning or try to stop another officer from using excessive force (citation modified)
• confirming liability under the Fourth Amendment for officer who fails to intervene to prevent use of excessive force
• “Existing case law would have made it sufficiently clear to a reasonable officer that a suspect cannot be apprehended by use of deadly force unless that individual poses a threat of serious physical harm.”

Source: CourtListener parenthetical corpus (CC0).