Tenth Circuit· 6/4/2010

Thomas v. Durastanti

Citations

607 F.3d 655
76 Fed. R. Serv. 3d 1277
2010 U.S. App. LEXIS 11458
2010 WL 2221317

How courts have described this case

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

recognizing that this court considers only legal questions when considering interlocutory appeal from denial of qualified immunity
recognizing that “circumstances may change within seconds eliminating the justification for deadly force,” but ultimately finding disorientation associated with being hit by a car made any mistake regarding ongoing threat reasonable
holding in the summary judgment context that a court may reject allegations in a plaintiff’s complaint when video evidence “blatantly contradicts” those allegations
noting that “officers do not always have to use the least restrictive means as long as their conduct is reasonable”
noting that, to state an excessive force claim under the Fourth Amendment, a plaintiff must show both that a seizure occurred and that the seizure was unreasonable
accepting plaintiff’s version of the facts except “to the extent that there [was] clear contrary video evidence of the incident at issue”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Ebel, Gorsuch

Read full opinion on CourtListener

Cited by

44 cases in this archive cite this case; the 20 most cited are listed.

Cites

51 cases in this archive are cited by this case; the 20 most cited are listed.

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.