Timothy Nelson v. City of Davis

How courts have described this case

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

• holding that the absence of arrest or further engagement from officers shows a lack of serious criminal behavior
• finding that 2 failure to give sufficient warnings weighed against the government’s decision to use force
• holding that 8 any reasonable officer should be on notice that “the application of pepper spray to 9 individuals such as [plaintiff] and his associates, whose only transgression was the failure 10 to disperse as quickly as the officers desired, would violate the Fourth Amendment”
• explaining that the specific circumstances determine whether a particular seizure was reasonable
• explaining that cases dating back to 2001 established that “a failure to fully or immediately comply with an officer’s orders neither rises to the level of active resistance nor justifies the application of a non-trivial amount of force”
• considering the threat posed by the 6 plaintiff’s associates as well as the plaintiff himself

Source: CourtListener parenthetical corpus (CC0).