· 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 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.