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· 6/25/1866

Youell v. Gaines

Citations

  • 1 Ky. Op. 163
  • 1866 Ky. LEXIS 243

How courts have described this case

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

  • finding that, regardless of whether force was excessive, officer was entitled to qualified immunity for using a “straight-arm takedown” when a juvenile pulled her arm away from an officer escorting her
  • collecting cases holding that Heck does not bar all excessive force claims because plaintiff who resists arrest can behave peacefully at another time
  • discussing a municipal police officer’s conduct while making an arrest in the context of the Act
  • “When an individual is resisting arrest, an officer can use the amount of force necessary to overcome her resistance.”
  • “To be considered on summary judgment, evidence must either be non-hearsay pursuant to Federal Rule of Evidence 801, or must qualify for a hearsay exception pursuant to Federal Rule of Evidence 803.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marshall

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.