Legal Opinion

Brawley v. Punt

District Court, D. Montana

Decided May 11, 2016No. CV 15-03-BLG-DWMPublishedCited by 1 opinion

1Opinion of the Court

OPINION and ORDER

Donald W. Molloy, District Judge, United States District Court

On January 6, 2013, Daniel Brawley was fatally shot by Billings Police Officer David Punt. His wife and personal representative, Heather Brawley, sued Officer Punt and the City of Billings in a 42 U.S.C. § 1983 action, alleging Daniel’s death was caused by an unconstitutional use of excessive force. The parties each seek summary judgment on the question of liability. Officer Punt s motion for summary judgment is granted because even if the use of force was not objectively reasonable, the law at the time did not…

2Cases cited42 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Pearson v. CallahanSupreme Court of the United States · 2009
  5. Scott v. HarrisSupreme Court of the United States · 2007

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3Cited by1 opinion

  1. Dew v. City of SeasideDistrict Court, N.D. California · 2021

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