Second Circuit· 10/14/2010

Tracy v. Freshwater

Citations

623 F.3d 90
2010 U.S. App. LEXIS 21238
2010 WL 4008747

How courts have described this case

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

holding that otherwise acceptable use of pepper spray became excessive when arrestee was “offering no further active resistance”
holding that an officer could forcibly move a detainee, even though the detainee “could not walk due to injury”
recognizing that the degree of solicitude “may be lessened” when the pro se litigant is “experienced in litigation and familiar with the procedural setting presented.”
holding that a jury could find that the use of pepper spray against a handcuffed and unresisting plaintiff constituted excessive and gratuitous force
concluding that the plaintiff’s involvement in ten federal and state actions was “insufficient to justify a full withdrawal of special status with regard to all aspects of this litigation”
concluding that the use of a flashlight to subdue a suspect was objectively reasonable where suspect posed a \real and imminent\ threat and \appeared to fail to comply with a direct order and to instead actively resist arrest\

Source: CourtListener parenthetical corpus (CC0).

Judges: Sack, Livingston, Vitaliano

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Cited by

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

Cites

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

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