· 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 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.