Sharp v. Johnson Bros.

How courts have described this case

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

• noting that an excessive force claim was “substantially identical” in its “essential elements” to a New York state assault and battery claim
• observing that, “except for § 1983’s requirement that the tort be committed under color of state law,” the “essential elements” of “§ 1983 use of excessive force and state law assault and battery” are “substantively identical,” and analyzing these claims as a whole
• discussing analyzing charges separately when they “ar[i]se out of distinct facts”
• detention rises to level of arrest when subject is restrained and his freedom of movement is restricted
• “Whether a seizure is an arrest or merely an investigatory detention, depends on the reasonableness of the level of intrusion under the totality of the circumstances.”
• “[I]t is not enough to say a person has been arrested simply because, due to police action, he reasonably believes he is not free to leave.”

Source: CourtListener parenthetical corpus (CC0).