United States Fourth Circuit

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Yates v. Terry, 15-1555

In a 42 U.S.C. section 1983 claim, brought by plaintiff against defendant police officer who tased him three times during a traffic stop, the district court's denial of qualified immunity for the defendant is affirmed where: 1) the stop concerned minor, non-violent traffic infractions and a misdemeanor driving without a license offense; 2) plaintiff was unarmed and complying with defendant's orders, and 3) plaintiff was not attempting to flee or resist.

Appellate Information

  • Decided
  • Published 2016/03/31

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  • BIGGS

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  • United States Fourth Circuit

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