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· 7/26/2007

Ngo v. Storlie

Citations

  • 495 F.3d 597
  • 2007 U.S. App. LEXIS 17798
  • 2007 WL 2127339

How courts have described this case

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

  • noting that failure to give a warning where feasible may “add[] to the unreasonableness” of an officer’s actions
  • concluding “A warning under these circumstances was feasible and the failure to take an extra moment to assess the situation adds to the unreasonableness of [Officer] Storlie’s actions under the circumstances.”
  • finding a submissible case of excessive force after the defendant officer shot the plaintiff, an unarmed plainclothes officer
  • “[T]he court cannot say, as a matter of law, that the shooting officer made a reasonable mistake in shooting a fellow officer; courts allow a jury to decide whether the shooting officer’s actions were objectively reasonable.”
  • “A denial of summary judgment based on qualified immunity is immediately appeal-able [only] to the extent the appellant seeks review of the purely legal determinations made by the district court.” (quoting, Henderson v. Munn, 439 F.3d 497, 501 (8th Cir. 2006))
  • \A denial of summary judgment based on qualified immunity is immediately appealable [only] to the extent the appellant seeks review of the purely legal determinations made by the district court.\ (quoting Henderson v. Munn, 439 F.3d 497, 501 (8th Cir. 2006)

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Melloy, Nangle

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.