Perez Ex Rel. Estate of Arango v. Suszczynski

How courts have described this case

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

• holding that “the mere presence of a gun or other weapon is not enough to warrant the exercise of deadly force”
• holding that “the presence or absence of a weapon-is a factor in this [excessive force] analysis,” though the inquiry must nevertheless consider the totality of the circumstances
• finding a potential constitutional violation when an officer shot a restrained, prone suspect even though he had a gun beside him
• “Where the weapon was, what type of weapon it was, and what was happening with the weapon are all inquiries crucial to the reasonableness determination.”
• “Here, because Suszczynski was attempting to arrest or restrain Arango, Suszczynski was ‘clearly engaged in a discretionary capacity,’ which means immunity could attach to his actions.”

Source: CourtListener parenthetical corpus (CC0).