· 11/15/2019
People v. Gazzillo
Citations
- 2019 NY Slip Op 8336
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that probable cause bars a claim for false arrest under Florida law just as it does under federal law
- holding that unpublished cases cannot define clearly established law
- holding Smith did not apply with obvious clarity to a citizen recording the rapidly evolving scene of a car crash from the I-95 median at which the plaintiff was illegally parked
- explaining that excessive force claims for arrestees are governed by the Fourth Amendment
- “Considering all the Kingsley factors, it seems most important that there was very little ‘force’ used and essentially no harm done.”
- noting a circuit split “about how best to analyze claims that arise in this ‘legal twilight zone’”
Source: CourtListener parenthetical corpus (CC0).
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.