· 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 CourtListenerSourced 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.