Legal Opinion · Dissent

Green v. New Jersey State Police

Court of Appeals for the Third Circuit

Decided August 29, 2007No. 06-4111Unpublished

1DissentGarth, Circuit Judge

The overarching question that this appeal has left me with is: where, how, and when were Green’s rights in this situation “clearly established”? How would a reasonable police officer have known that he, and his colleagues, could not have removed Green as they did from the backseat of a police vehicle, when Green, who was under the influence of drugs and alcohol and who ultimately had to be sedated and restrained, physically resisted his removal? The majority opinion has not answered this question. Fortunately, however, the Supreme Court has. In Brosseau v. Haugen, 543 U.S. 194, 125 S.Ct. 596,…

2Cases cited11 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Anderson v. CreightonSupreme Court of the United States · 1987
  3. Tennessee v. GarnerSupreme Court of the United States · 1985
  4. Brosseau v. HaugenSupreme Court of the United States · 2004
  5. Sharrar v. FelsingCourt of Appeals for the Third Circuit · 1997

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API