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United States Supreme Court


Tolan v. Cotton, 13-551

In an action under 42 U.S.C. 1983 for excessive force arising out of defendant-police sergeant's shooting of plaintiff, summary judgment for defendant is vacated and remanded, where: 1) the Fifth Circuit erred in concluding that defendant was entitled to qualified immunity at the summary judgment stage; and 2) in holding that defendant's actions did not violate clearly established law, the Fifth Circuit failed to view the evidence at summary judgment in the light most favorable to plaintiff with respect to the central facts of this case.

Appellate Information

  • Decided 05/05/2014
  • Published 05/05/2014

Judges

  • PER CURIAM

Court

  • United States Supreme Court

Counsel

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