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Civil Procedure Keyed to Hazard
Tolan v. Cotton
Citation:572 U.S. 650, 134 S.Ct. 1861, 188 L.Ed.2d 895 (2014)
Robert Tolan (Plaintiff) was shot by Sergeant Jeffrey Cotton (Defendant) on his parents front lawn after Defendant mistook Plaintiff’s car for a stolen car. During the incident, Plaintiff complied with Defendant’s instructions, lying face down on the ground, while his parents tried to explain that they owned the car. The parties dispute whether or not Defendant pushed Plaintiff’s mother and whether or not Plaintiff rose to his knees or his feet in response. Defendant responded by shooting Plaintiff. Plaintiff and his parents sued Defendant under 42 U.S.C. § 1983, arguing he had used excessive force in violation of the Fourth Amendment. Defendant moved for summary judgment, arguing that he was protected by qualified immunity.
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