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· 7/13/2023

United States v. Edward Walker

Citations

  • 73 F.4th 915

How courts have described this case

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

  • holding that officers were on notice that their use of tear gas could be unreasonable where suicidal individual not under arrest posed no threat to anyone but himself
  • explaining that “earlier cases involving fundamentally similar facts can provide especially strong support for a conclusion that the law is clearly established”
  • stressing that, on the facts presented at summary judgment, the plaintiff “was not considered to be a violent, dangerous individual, he was not the subject of an arrest and he did not pose an immediate threat to the police or others”
  • describing bean bag rounds as “meant to stun or disable a person.”
  • closely analogous case analysis does not require the “existence of a prior case that is directly on point.”
  • “In the end, the excessive force inquiry looks to whether the force used to seize the suspect was excessive in relation to the danger he posed—to the community or to the arresting officers—if left unattended.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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.