terry's takes
Filtered by category: 1983 excessive forceMay 3, 2023
11th circuit court of appeals, 1983 excessive force, excessive forceBaker v. City of Madison, Alabama
The Eleventh Circuit affirmed the dismissal of a §1983 claim involving excessive force and municipal liability. The court ruled that bodycam footage, incorporated by reference in the complaint, contradicted Baker's claims that Officer Nunez's use of a taser was excessive. The footage showed Baker resisting instructions and attempting to reenter his car after a crash, justifying the officer's actions. Officer Hose was not on the scene during the incident, negating a failure-to-intervene claim. The municipal liability claim failed as there was no constitutional violation. The court upheld the use of bodycam footage at the motion-to-dismiss stage under the incorporation-by-reference doctrine.
read moreMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
read moreMarch 13, 2023
11th circuit court of appeals, 1983 excessive forceHarris-Billups v. Anderson
in this 1983 case alleging excessive force by a georgia police officer, the eleventh circuit took the new step of citing to—and publicly posting—the video of the shooting, hyperlinking from the opinion to the court’s website at https://www.ca11.uscourts...
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