· 5/2/2017
Oak Harbor Freight Lines, Inc. v. National Labor Relations Board
Citations
- 855 F.3d 436
- 2017 WL 1556126
- 209 L.R.R.M. (BNA) 3001
- 2017 U.S. App. LEXIS 7723
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the plaintiff demonstrated a genuine dispute of material fact where force was employed after he was handcuffed and shackled on the floor, notwithstanding the officers’ contention that the plaintiff continued resisting
- concluding that the plaintiff demonstrated a genuine dispute of material fact where force was employed after he was handcuffed and shackled on the floor, notwithstanding the officers’ contention that the plaintiff continued resisting
- holding that on review of a motion for summary judgment based on qualified immunity, “[a]ll inferences are drawn in the plaintiff’s favor” unless “blatantly contradicted and utterly discredited by video recordings” (citations and internal quotation marks omitted)
- holding that Heck did not bar the plaintiff’s excessive force claims
- concluding a fact issue existed on whether the force employed after restraining prisoner on the floor was necessary
- permitting the plaintiff to proceed with his excessive force claim because he alleged that he was beaten after he submitted and was already restrained.
Source: CourtListener parenthetical corpus (CC0).
Judges: Garland, Rogers, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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