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· 11/5/2008

Parker v. Gerrish

Citations

  • 547 F.3d 1
  • 72 Fed. R. Serv. 3d 7
  • 2008 U.S. App. LEXIS 23079
  • 2008 WL 4793434

How courts have described this case

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

  • concluding that there was a Fourth Amendment violation based on the use of a taser against a non-presently resisting person even though the person had harassed and resisted the officer earlier in the encounter
  • finding an intoxicated driver's de minimis resistance to arrest insufficient to justify deploying a taser in order to handcuff him
  • upholding jury verdict that officer used excessive force in [t]asering an arrestee who had insulted the officers but also had complied with their requests and did not resist arrest
  • finding an intoxicated driver’s de minimis resistance to arrest insufficient to justify deploying a taser in order to handcuff him
  • distinguishing driving while intoxicated from “an offense like robbery or assault” that “present a risk of danger to the arresting officer”
  • finding use of a taser excessive when the plaintiff was defiant but offered only de minimis resistance

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Boudin, Dyk

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.