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· 8/19/2004

Calvin B. Champion v. Outlook Nashville, Inc., Debbie Miller

Citations

  • 380 F.3d 893
  • 65 Fed. R. Serv. 166
  • 2004 U.S. App. LEXIS 17422
  • 2004 WL 1845549

How courts have described this case

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

  • holding that it was not objectively reasonable for officers to “lay on top of Champion, a mentally retarded individual who had stopped resisting arrest and posed no flight risk, and spray[ ] him with pepper spray even after he was immobilized by handcuffs and a hobbling device”
  • “The diminished capacity of an unarmed detainee must be taken into account when assessing the amount of force exerted.”
  • excessive for police officers to “lay on top of’ an arrestee “who had stopped resisting arrest and posed no flight risk, and [then] spray[ ] him with pepper spray even after he was immobilized by handcuffs and a hobbling device”
  • permitting testimony about police practices regarding the use of force

Source: CourtListener parenthetical corpus (CC0).

Judges: Batchelder, Moore, Caldwell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.