Tonya L. Carswell, Administratrix of the Estate of GILBERT Carswell, deceased, on behalf of the Estate of GILBERT Carswell, deceased and tonya L


Civil Procedure > Jury Trials > Province of Court & Jury



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Civil Procedure > Jury Trials > Province of Court & Jury

Constitutional Law > Civil Rights Enforcement > Immunity > Public Officials

[HN8] The question of whether a law enforcement officer should have physically subdued a suspect instead of pulling a gun is a question of law to be decided by the court as a matter of law rather than by expert opinion.


Constitutional Law > Civil Rights Enforcement > Immunity > Local Governments

[HN9] A municipality cannot be responsible for damages under 42 U.S.C.S. § 1983 on a vicarious liability theory and can be found liable under § 1983 only where the municipality itself causes the constitutional violation at issue. District courts must review claims of municipal liability independently of the § 1983 claims against the individual police officers.



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