SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Hazard
Tolan v. Cotton
Citation:
572 U.S. 650, 134 S.Ct. 1861, 188 L.Ed.2d 895 (2014)Facts
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.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
2m 29sTopic Outline 