North Carolina Ex Rel. Hailey v. Westmoreland

How courts have described this case

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

• finding that “any striking, if it occurred at all, occurred without warning and was very brief in nature” and “[t]oo brief, in fact, for [bystanding officer] to have reacted and stopped [other officer]”
• finding that where the plaintiff was prosecuted for assaulting an officer and for cocaine possession, he could make out a claim for malicious prosecution as to the assault charge even though he did not challenge the possession charge
• dismissing excessive force claim premised on bystander lability where both applications of force were “without warning” and “very brief in nature”
• Finding no bystander liability claim where violence occurred without warning and was very brief in nature, too brief for bystander to have reacted and stopped other officer.
• granting summary judgment for defendant officer who did not have a reasonable opportunity to prevent harm to the plaintiff where another officer’s act in striking the plaintiff occurred, if it all, without warning and in a very brief time period

Source: CourtListener parenthetical corpus (CC0).