· 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 CourtListenerSourced 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.