Seventh Circuit· 4/27/2012

Phillips v. Community Ins. Corp.

Citations

678 F.3d 513
2012 WL 1449675
2012 U.S. App. LEXIS 8582

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 plaintiff was not “actively resisting arrest” because, among other reasons, she “never exhibited any sort of aggressive behavior toward the officers”
recognizing that the weapon need not be identical for a case to clearly establish a constitutional violation
recognizing that a jury’s verdict for the moving party moots the motion
finding that just because danger is not “entirely eliminated,” does not mean that there is an immediate threat
explaining that “willful noncompliance [i]s not the same as active[] resist[ance] but instead [is] passive resistance requiring the minimal use of force”
explaining that once the scene has been secured, a court need no longer give offic- ers the same benefit of the doubt for actions taken in tense, uncertain, and rapidly evolving situations

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Williams, Tinder

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Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

51 cases in this archive are cited by this case; the 20 most cited are listed.

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