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· 12/15/1879

Pickens v. Webster

Citations

  • 31 La. 870

How courts have described this case

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

  • stating that conflicting accounts of whether or not the plaintiff resisted arrest “suggests a genuine issue of material fact regarding whether the takedown amounted to excessive force”
  • noting that a jury could “[o]bviously” find that “officers beat[ing the plaintiff] for no reason as he lay subdued on the ground, trying to shield himself from the blows” could constitute excessive force
  • applying Graham in dismissing “duplicative Fifth Amendment claim [because it was] based on the same conduct[ that provided the bases for the Fourth Amendment claim]”
  • “According to Jackson, the officers beat him for no reason as he lay subdued on the ground, trying to shield himself from the blows. Obviously, a jury could find that this constituted excessive force.”
  • “Only a ‘“serious case of excessive force”’ can amount to actionable ‘outrageous behavior.’ Something more than a run-of-the-mill excessive-force claim is required.” (emphasis in original) (quoting Harris, 776 F.3d at 917)
  • “Longo tries to paint a dire picture of the District’s practices based on a handful of investigations he believes were conducted improperly. But these instances are too scattered and lacking in detail to build a case of deliberate indifference.”

Source: CourtListener parenthetical corpus (CC0).

Judges: White

Read full opinion on CourtListener

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.