D. New Mexico· 5/16/2015

Peña v. Greffet

Citations

108 F. Supp. 3d 1030
2015 U.S. Dist. LEXIS 72866
2015 WL 3540060

How courts have described this case

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

noting that “[n]ormally, the severity-of- contact threshold for battery is so low as to be nearly nonexistent, requiring only a ‘harmful or offensive contact.’”
finding that a correctional officer’s placement of an inmate against the wall could constitute a battery
finding that correctional officer could not have “reasonably and honestly” believed that slamming plaintiff into the wall was “the minimum force necessary to resolve the situation”
“An ‘officer can be held liable for assault and battery if he uses excessive force.’”
“As to the intent required to commit a battery, the Restatement (Second

Source: CourtListener parenthetical corpus (CC0).

Judges: Browning

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Cites

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