Shaylene Montoya v. City of Flandreau

How courts have described this case

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

• holding that it was clearly established that causing a person to trip by “sweeping her . . . leg” constitutes more than de minimis force
• holding that force was not objectively reasonable where suspect was 10-15 feet from law enforcement and did not pose a threat
• holding that the severity of the injuries sustained is relevant when determining the reasonableness of a particular use of force
• noting that the plaintiff had committed a “non-violent” misdemeanor offense (disorderly conduct), and “was not threatening anyone”
• explaining that “the severity of the injuries [the plaintiff] sustained is a relevant factor in determining the reasonableness of the force used”
• holding leg sweep improper where plaintiff acted aggressively but was ten to fifteen feet away from officer

Source: CourtListener parenthetical corpus (CC0).