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· 2/1/2013

TORRES, JOHNNY v. NESTARK, JAMIE

How courts have described this case

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

  • finding that officers used excessive force by keeping weapons drawn and pointed at suspects after they realized that they had the wrong individual and had patted him down
  • explaining that the burden remains with the plaintiffs, even at this step
  • explaining that officers used excessive force when they kept guns drawn on vehicle driver even after it was determined that driver was not the suspect they were seeking, and even after the driver had been patted down
  • explaining that “[c]ompanionship alone cannot justify a frisk” under Terry
  • finding an officer’s use of force against a detained suspect who is not a threat or resisting arrest is unreasonable
  • continuing to point weapon at suspect after determining that detained driver was not the person being sought and he had been patted down and found unarmed was excessive

Source: CourtListener parenthetical corpus (CC0).

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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.