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· 12/15/2009

Sash v. United States

Citations

  • 674 F. Supp. 2d 531
  • 2009 U.S. Dist. LEXIS 116580
  • 2009 WL 4824669

How courts have described this case

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

  • finding that “no reasonable jury could conclude that [the defendant] had a genuine opportunity to intercede” where the entire incident took less than thirty seconds
  • finding that tackling and throwing the plaintiff up against a metal gate could be excessive force where the plaintiff had already arranged to voluntarily surrender
  • explaining that Iqbal’s rejection of liability based on “a supervisor’s mere knowledge of his subordinate’s discriminatory purpose” applies to “intent-based constitutional claims . . . , specifically racial discrimination”
  • finding that the officer’s failure to create an arrest report within twenty-four hours of the arrest, in contravention of Probation Department rules, did not bear on the alleged use of excessive force and, therefore, was insufficient to support a supervisory liability claim
  • “Tackling an arrestee on the street and forcibly shoving him into a metal gate when he offers no resistance certainly could be actionable conduct.”
  • “Tackling an arrestee on the street and forcibly shoving him into a metal gate when he offers no resistance certainly could be actionable conduct.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Andrew J. Peck

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.