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· 10/10/1989

Rochester v. United States

Citations

  • 18 Cl. Ct. 379
  • 1989 U.S. Claims LEXIS 212
  • 1989 WL 126087

How courts have described this case

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

  • ruling that an officer’s use of deadly force to defend himself was reasonable where the handcuffed plaintiff had swung a fireplace poker at the officer
  • stating that the use of force does not have to be the least forceful alternative so long as the use of force is reasonable
  • affirming summary judgment for an officer in a self-defense case where the plaintiff sought to rely on minor inconsistencies in evidence
  • noting in affirming summary judgment for an officer who used deadly force in self-defense that the plaintiffs concocting minor discrepancies was “not enough to allow a rational trier of fact to decide against” the officer
  • relying on the decisions in Blair and McGill to find that an 20 arbitration agreement’s prohibition on acting as a private attorney general did not prevent the 21 plaintiff from securing public injunctive relief in arbitration
  • rejecting claim that a county violated a suspect's constitutional rights by failing to equip its police officers with alternatives to deadly force, stating \we think it is clear that the Constitution does not enact a police administrator's equipment list\

Source: CourtListener parenthetical corpus (CC0).

Judges: Gerard, Master, Merow

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.