· 2/15/2001
Cruz v. City of Laramie
Citations
- 239 F.3d 1183
- 2001 Colo. J. C.A.R. 784
- 2001 U.S. App. LEXIS 2243
- 2001 WL 127789
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 use of a hog-tie restraint on an individual with an apparent and discernible diminished capacity constituted excessive force
- holding that “the fourth amendment protection against excessive force includes the protection of an individual’s right to be free from a hog-tie restraint in situations such as the one confronting the officers herein”
- distinguishing hogtying, where the distance between the handcuffs and ankle cuffs is less than twelve inches, from hobble tying, where the distance is greater and the danger to arrestees is significantly less
- collecting cases describing evidence of the danger of the hog-tie restraint
- “We do not reach the question of whether all hog-tie restraints constitute a constitutional violation per se, but hold that officers may not apply this technique when an individual’s diminished capacity is apparent.”
- “We note that while sister circuits may characterize the hog-tie restraint somewhat differently, we understand such to involve the binding of the ankles to the wrists, behind the back, with 12 inches or less of separation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldock, Lucero, Politz
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.