Tracy v. Freshwater

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).