· 12/7/1983
North East Insurance v. Tanguay
Citations
- 468 A.2d 600
- 1983 Me. LEXIS 838
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding officer used excessive force when he entered the holding cell and forcibly struck Johnson, who was then secure, not resisting, and not a safety threat to any officers
- applying the Fourth Amendment to the plaintiff’s claim of excessive force that occurred at jail while officers were escorting the plaintiff into his holding cell
- explaining Florida law considers excessive force used by police officers as battery, and determines whether the force was excessive by considering whether the amount of force was reasonable under the circumstances
- “We review de novo the videotape evidence that was presented to the district court at the summary judgment stage.”
- “[T]o determine whether the force used was excessive, Florida courts analyze whether the amount of force used was reasonable under the circumstances.”
- “[W]e judge the officer’s use of force . . . from the perspective of a reasonable officer on the scene . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Glassman, McKusick, Nichols, Roberts, Scolnik, Wathen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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