· 6/12/2012
Thomas Avina v. United States
Citations
- 681 F.3d 1127
- 2012 WL 2099257
- 2012 U.S. App. LEXIS 11876
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that “the use of handcuffs on 15 the adult members of the Avina family was reasonable as it minimized the risk of harm to both 16 officers and occupants” of a residence
- holding that police officers did not act unreasonably when, in executing a search warrant for a drug trafficker, they forced an occupant of a home to the ground and handcuffed adults in the home
- allowing certain FTCA claims to proceed where federal agents allegedly committed the tort of assault and battery while executing a search warrant
- applying 5 || standard to assault, battery, and intentional infliction of emotional distress claims against 6 || United States
- to bring claims of assault and battery under California law plaintiff must show excessive force
- “summary judgment or judgment as a matter of law in excessive force cases 20 should be granted sparingly”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Graber, Berzon
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.