30 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 240,687 times 39 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,543 times 9 Legal Analyses
Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
Graham v. Connor
490 U.S. 386 (1989) Cited 26,032 times 26 Legal Analyses
Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
Anderson v. Creighton
483 U.S. 635 (1987) Cited 15,704 times 6 Legal Analyses
Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"
Adickes v. Kress Co.
398 U.S. 144 (1970) Cited 25,368 times 2 Legal Analyses
Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
Tennessee v. Garner
471 U.S. 1 (1985) Cited 5,118 times 4 Legal Analyses
Holding that where a suspect poses no immediate threat to the officer or others, the use of deadly force is excessive
Lee v. Ferraro
284 F.3d 1188 (11th Cir. 2002) Cited 2,163 times
Holding that an officer's use of force after the plaintiff was "arrested, handcuffed, and completely secure, and after any danger to the arresting officer as well as any risk of flight had passed" was excessive
Priester v. City of Riviera Beach
208 F.3d 919 (11th Cir. 2000) Cited 914 times 2 Legal Analyses
Holding that an officer used excessive force when he ordered his dog to attack a burglary suspect who was complying with the officer's orders
Deorle v. Rutherford
272 F.3d 1272 (9th Cir. 2001) Cited 730 times 1 Legal Analyses
Holding a non-deadly beanbag round was an unreasonable excessive use of force where "[t]here was no immediate need to subdue" a threatening suspect
Mercado v. City of Orlando
407 F.3d 1152 (11th Cir. 2005) Cited 537 times
Holding that the officer's deadly force was excessive when the suspect "was not committing a crime, resisting arrest, or posing an immediate threat to the officers"

Burks v. Beary et al

30 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"

Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

Holding that where a suspect poses no immediate threat to the officer or others, the use of deadly force is excessive

Holding that an officer's use of force after the plaintiff was "arrested, handcuffed, and completely secure, and after any danger to the arresting officer as well as any risk of flight had passed" was excessive

Holding that an officer used excessive force when he ordered his dog to attack a burglary suspect who was complying with the officer's orders

Holding a non-deadly beanbag round was an unreasonable excessive use of force where "[t]here was no immediate need to subdue" a threatening suspect

Holding that the officer's deadly force was excessive when the suspect "was not committing a crime, resisting arrest, or posing an immediate threat to the officers"