United States Fourth Circuit

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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

Counsel