Schreiber v. Moe

How courts have described this case

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

• holding that the “right to be free from excessive force was clearly established” where an officer repeatedly punched handcuffed inmate in the face
• concluding that Heck did not bar a claim where an officer continued to punch the suspect “even after the handcuffs were in place”
• holding that an officer’s strike of a “neutralized” and handcuffed suspect was objectively unreasonable
• explaining that “[i]n reviewing a summary judgment motion, credibility judgments and weighing of the evidence are prohibited”
• explaining that evidence of force used in arresting defendant is generally not relevant to criminal prosecution
• noting that force used after the arrestee was “neutralized” and under control may give rise to a claim that does not necessarily imply the invalidity of the conviction

Source: CourtListener parenthetical corpus (CC0).