Legal Opinion

Novitsky v. City of Aurora

Court of Appeals for the Tenth Circuit

Decided July 5, 2007No. 05-1169PublishedCited by 92 opinions

1Opinion of the Court

HENRY, Circuit Judge.

This 42 U.S.C. § 1983 action arises out of an encounter between Sergey Novitsky and City of Aurora, Colorado police officers Michael Wortham and Paul Marshall. While responding to a “man down” call, the officers discovered Mr. Novitsky lying in the fetal position in the backseat of a parked vehicle. When Mr. Novitsky was exiting the vehicle, Officer Wortham grasped his hand in an arrest control technique known as a “twist lock,” and, almost immediately, observed a handgun in Mr. Novitsky’s front right pants pocket. After confiscating the handgun and issuing a municipal…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Terry v. OhioSupreme Court of the United States · 1968
  5. Graham v. ConnorSupreme Court of the United States · 1989

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

3Cited by92 opinions

  1. Porro v. BarnesCourt of Appeals for the Tenth Circuit · 2010
  2. Wilkins v. DeReyesCourt of Appeals for the Tenth Circuit · 2008
  3. Becker v. BatemanCourt of Appeals for the Tenth Circuit · 2013
  4. Buck v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2008
  5. McCarty v. GilchristCourt of Appeals for the Tenth Circuit · 2011

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

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