Novitsky v. City of Aurora

How courts have described this case

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

• holding that the plaintiff had failed to establish a lack of probable cause and “the fourth (malice) element of a malicious prosecution claim”
• holding that officer who was present at scene but did not assist or direct second officer in using twist-lock maneuver to remove plaintiff from vehicle did not violate plaintiff's Fourth Amendment rights
• holding that officer could not be found liable for another officer’s use of excessive force where he was present at the scene but did not assist or direct the other officer’s actions
• noting that a reasonable jury could conclude officer used excessive force on potentially intoxicated suspect when suspect had not resisted or acted aggressively toward officers
• explaining that qualified immunity is warranted when officers of reasonable competence could disagree as to the lawfulness of the specific conduct at issue
• requiring that the defendant have “personally participated” in the constitutional deprivation and holding that mere presence at the scene was insufficient

Source: CourtListener parenthetical corpus (CC0).