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· 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 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.