Eighth Circuit· 5/30/2017

Ricky Tatum v. Willie Robinson

Citations

858 F.3d 544
2017 WL 2324709
2017 U.S. App. LEXIS 9342

How courts have described this case

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

establishing it is unreasonable to use pepper spray against a non-resisting, non-fleeing individual suspected of a non-violent misdemeanor
considering the presence or absence of a verbal warning in assessing the reasonableness of the use of pepper spray
noting that “[p]epper spray can cause more than temporary pain” and quoting Brown v. City of Golden Valley, 574 F.3d 491, 500 n.6 (8th Cir. 2009), for the finding that tasers and pepper spray “are coequals on the use of force continuum”
finding it objectively unreasonable to use pepper spray on a suspected misdemeanant who was “angrily arguing” with the police but making no physical or verbal threats
finding use of pepper spray unreasonable, even when Plaintiff was actively arguing with officer when he deployed the pepper spray, because a reasonable officer would not have viewed Plaintiff as an immediate threat
finding use of pepper spray unreasonable, even when Plaintiff was actively arguing with officer when he deployed the pepper spray, because a reasonable officer would not have viewed Plaintiff as an immediate threat

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Beam, Benton

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

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

Sourced from CourtListener / Free Law Project (CC0).

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