Raiche v. Pietroski

How courts have described this case

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

• holding that officers used excessive force by tackling a parked motorcyclist who was not fleeing or resisting arrest
• holding that “tackling a person [on a motorcycle] who has already stopped in response to the officer’s command to stop and who presents no indications of dangerousness” would be a “major departure from reasonable behavior” under the Graham factors
• noting that the plaintiff posed little threat to officers because he remained in his vehicle and \never displayed any weapons or made any verbal threats\
• explaining that courts analyze “excessive force claims according to the constitutional touchstone of objective reasonableness, so [they] do not consider an officer’s subjective ‘intent or motivation’”
• construing facts “relevant to probable cause in Pietroski’s favor and those relevant to excessive force in Raiehe’s favor” to avoid inconsistency in deciding qualified immunity
• considering Police Department policies to determine whether level of force was reasonable

Source: CourtListener parenthetical corpus (CC0).