· 2/22/1982
Del Grosso v. Board of Trustees
Citations
- 113 Misc. 2d 440
- 448 N.Y.S.2d 933
- 1982 N.Y. Misc. LEXIS 3315
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the Eighth Amendment sets a higher standard than that 13 of the Fourth Amendment
- concluding that the initial use 21 of the police dog was proportional to the threats to the safety of the officers, but that factual 22 issues precluded summary judgment as to alleged post-handcuff beating and dog bites
- finding that one of the officers was entitled to summary judgment because he was “on the other side of the home at the time”
- noting that the 7 holding in Scott has been extended to other forms “of evidence capable of objectively disproving 8 witness testimony.”
- affirming denial of summary judgment where genuine dispute existed as to whether 28 1 prisoner was “beaten and bitten after he was handcuffed in violation of the Eighth 2 Amendment”
- “In excessive force cases brought under the Eighth Amendment, the relevant inquiry is whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sherman
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.