· 12/27/1988
John Dewitt McDowell v. R.R. Rogers, D.E. Ross, and R.L. Martin
Citations
- 863 F.2d 1302
- 1988 U.S. App. LEXIS 17530
- 1988 WL 137306
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a blow from a nightstick to a handcuffed, unresisting suspect was constitutionally unreasonable
- holding blow to cuffed, unresisting suspect unreasonable
- need for force is “nonexistent” when suspect is handcuffed and not trying to resist or escape
- blow with nightstick to handcuffed, unresisting suspect would be gratuitous and therefore unreasonable
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Martin, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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