· 4/16/2004
Gerald Wall, Dr. v. County of Orange, a Political Sub-Division of the State of California H. Watson
Citations
- 364 F.3d 1107
- 2004 U.S. App. LEXIS 7366
- 2004 WL 816826
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding overly tight handcuffing can constitute excessive • force when it causes injury or where officers ignore plaintiffs complaints about the handcuffs being too tight
- finding excessively tight handcuffing that caused permanent nerve 12 damage violated the Fourth Amendment
- finding excessively tight handcuffing that caused permanent nerve 9 damage violated the Fourth Amendment
- finding excessive force and remanding where plaintiff alleged that officer physically attacked plaintiff from behind, twisted his right arm behind his back, forced him face down into a patrol car, and then 2 handcuffed him tightly and refused to loosen handcuffs
- rejecting summary 14 judgment in favor of officer when he “handcuffed [the plaintiff’s] hands ‘extremely tight’ 15 behind his back, pick [the plaintiff] up by his handcuffed arms and threw [the plaintiff] 16 ‘upside down’ and head first into the patrol car”
- officers used excessive force “in making the arrest and continuing the restraint by handcuffs that hurt and damaged [arrestee’s] wrist.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Skopil, Noonan, Berzon
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.