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· 9/22/2000

Shoultz v. State

Citations

  • 735 N.E.2d 818
  • 2000 Ind. App. LEXIS 1483
  • 2000 WL 1367963

How courts have described this case

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

  • holding that person’s conviction for making unreasonable noise based on loud speaking during police investigation constituted state action restricting defendant’s expressive activity
  • holding that a law enforcement officer who used unconstitutionally excessive force was no longer lawfully engaged in the execution of his-duty and reversing the defendant’s conviction' for resisting law enforcement
  • holding that a law enforcement officer who used unconstitutionally excessive force was no longer lawfully engaged in the execution of his duty and reversing the defendant’s conviction for resisting law enforcement
  • providing that the recorded established that the State restricted Dallaly’s expressive activity where he was arrested for disorderly conduct after he screamed and swore at officers
  • officer’s force was excessive where defendant posed no immediate threat and officer struck defendant on the head and leg with a thick metal flashlight
  • “The general rule in Indiana is that ‘a private citizen may not use force in resisting a peaceful arrest by an individual who he knows, or has reason to know, is a police officer performing his duties regardless of whether the arrest in question is lawful or unlawful.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bailey, Barnes, Riley

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.