· 6/25/2015
Salvato Ex Rel. Estate of Salvato v. Miley
Citations
- 790 F.3d 1286
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an of- ficer’s use of deadly force was excessive because the suspect was “retreating, apparently unarmed, and outside of striking range”
- holding that an of- ficer’s use of deadly force was excessive because the suspect was “retreating, apparently unarmed, and outside of striking range”
- concluding that an officer used excessive force when she shot a suspect who had formerly resisted, but who was retreating, unarmed, and outside of striking distance at the time of the shooting
- holding that failure to investigate a single constitutional violation does not constitute ratification
- recognizing that a police department’s “persistent failure to take disciplinary action against officers can give rise to the inference that a municipality has ratified conduct” and is therefore subject to liability under § 1983
- denying qualified immunity in a shooting that took place after a suspect resisted arrest and struck the officers several times
Source: CourtListener parenthetical corpus (CC0).
Judges: Pryor, Carnes, Siler
Read full opinion on CourtListenerSourced 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.