Legal Opinion

DAVIS v. KIRBY

District Court, S.D. Indiana

Decided September 27, 2022No. 1:20-cv-02409Unknown

1Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MYRA DAVIS, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02409-SEB-MG ) KRISTOPHER DUNCAN in his individual and ) official capacity as an officer of the Muncie Police ) Department, ) ) Defendant. ) ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT If an individual is convicted of resisting a law enforcement officer lawfully engaged in the execution of the officer's duty, that individual can thereafter bring an excessive force claim against the officer based on that interaction only if the claim does not necessarily…

2Cases cited19 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Heck v. HumphreySupreme Court of the United States · 1994
  5. Tennessee v. GarnerSupreme Court of the United States · 1985

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