United States Fourth Circuit
Smith v. Ray, 12-1503
District court order denying defendant police officer's motion for summary judgment on the basis of qualified immunity concerning plaintiff's excessive force claim is affirmed, where: 1) the weakness of the Graham v. Connor factors was so apparent that any reasonable officer would have realized that the force employed was excessive; 2) it is the jury's role to decide whose version of facts is correct; and 3) there was no error.
Appellate Information
- Decided 03/18/2015
- Published 03/18/2015
Judges
- Traxler
Court
- United States Fourth Circuit