Ricky Tatum v. Willie Robinson

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).