The following excerpt is from Nobles v. United States, CASE NO. 10-cv-1997 - BEN (DHB) (S.D. Cal. 2012):
3. Perrin v. Anderson, 784 F.2d 1040 (10th Cir. 1986), on which the Government relies, is inapposite. Unlike in this case, the court there specifically found that on each occasion when plaintiff was being arrested, he reacted violently. Id. at 1046. In light of these prior incidents, and noting that plaintiff offered no evidence of any peaceful encounter between him and the police, the court concluded that "[t]here was adequate testimony to establish that [plaintiff] invariably reacted with extreme violence to any contact with a uniformed police officer." Id. In the present case, the incidents recited by the Government concern multiple situations, and only two of them actually concern the situation at issue in this casebeing uncooperative towards a public officer.
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