Sixth Circuit· 11/19/2002

Burchett v. Kiefer

Citations

310 F.3d 937
2002 U.S. App. LEXIS 23743

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the post-arrest detention in a police vehicle with windows rolled up in hot weather for a long period of time constituted excessive force under the Fourth Amendment
holding officers’ use of force to be reasonable when they twisted and turned a suspect to secure handcuffs and roughly pushed the suspect into a police car
identifying that the objectively reasonable standard “contains a built-in measure of deference to the officer's on-the-spot judgment about the level of force necessary in light of the circumstances of the particular case.”
“[A]pplying handcuffs so tightly that the detainee’s hands become numb and turn blue certainly raises concerns of excessive force.”
deeming force incidental to handcuffing reasonable where suspect conceded that he “twisted and turned” while officers attempted to apply handcuffs, and it was undisputed that officers had continued difficulty restraining him
finding a Fourth Amendment violation where individual was detained for three hours in ninety-degree heat with no ventilation and officers refused to roll down the windows

Source: CourtListener parenthetical corpus (CC0).

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44 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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