TIMOTHY EUGENE BENCZI, JR. v. STATE OF FLORIDA

How courts have described this case

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

• holding that an officer did not violate a constitutional right when the officer tased a defendant resisting handcuffing
• explaining that when the severity of the crime and immediate safety threat are relatively inconclusive, a suspect’s active resistance to arrest may justify elevated degrees of force
• explaining that “a suspect’s active resistance to arrest may justify [tasing]”
• finding no excessive force where officer tased suspect who partially turned toward officer, refused to turn back around, and then fully turned toward officer with loose handcuff dangling from wrist
• describing cases where the Fifth Circuit has found passive or no resistance at all
• finding officer had reasonable grounds to tase Cloud where Cloud turned around in the midst of being handcuffed as Cloud “took a confrontational stance, deprived [the officer] of the use of his handcuffs, and thwarted efforts to complete the arrest”

Source: CourtListener parenthetical corpus (CC0).