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Civil Procedure Keyed to Yeazell
Tolan v. Cotton
Citation:
134 S. Ct. 1861 (2014)Facts
At approximately 2:00 in the morning, Officer Edwards noticed a vehicle turning onto a residential street and parking in front of a house. Edwards mistakenly believed the vehicle was stolen. Plaintiffs exited the car. Edwards accused them of stealing the car, and Plaintiff Tolan stated that it was his car. Plaintiff Tolan’s parents came outside and reiterated that the vehicle belonged to Plaintiff Tolan, who lived with them. Defendant arrived on the scene and ordered Plaintiff Tolan’s mother to stand against the garage door. Defendant escorted Plaintiff Tolan’s mother and may have pushed her up against the garage door. Plaintiff Tolan testified that he reacted to this and rose to his knees. Edwards and Defendant testified that Tolan rose to his feet. All parties agreed that Tolan exclaimed, “Get your fucking hands off my mom.” Defendant then shot Plaintiff Tolan, piercing his liver and collapsing his right lung. Plaintiff Tolan survived but suffered a life-altering injury. Plaintiffs sued Defendant under 42 U.S.C. § 1983, alleging that the use of excessive force violated the Fourth Amendment. After discovery, Defendant moved for summary judgment. The trial court granted summary judgment. Plaintiff Tolan appealed to the United States Court of Appeals for the Fifth Circuit, which affirmed. Plaintiff Tolan then petitioned the United States Supreme Court for review.
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Topic Resources
Topic Outline
Pretrial Adjudication