United States v. Rouco

How courts have described this case

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

• holding that a reasonable jury could find that officers used excessive force when an officer forcibly dragged a plaintiff who was not actively resisting arrest “from his vehicle, shoved him against it, and handcuffed him behind his back”
• explaining that “forcibly removing a non-violent arrestee from his or her car can be the basis of an excessive force claim”
• collecting cases in which allegations of significant force applied against non-resisting suspects supported findings of excessive force
• denying summary judgment on qualified immunity as premature because there were disputed factual issues concerning whether the plaintiff engaged in unlawful conduct justifying his arrest
• denying summary judgment where the officer “dragged [the plaintiff] from his vehicle, shoved him against it, and handcuffed him,” in part, because the plaintiff was not resisting
• denying qualified immunity because “[t]here are factual issues concerning whether Plaintiff engaged in obstruction of governmental administration and violated the New York Vehicle and Traffic Law, justifying his arrest and the use of force.”

Source: CourtListener parenthetical corpus (CC0).