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· 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 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.