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· 3/5/2002

Kim D. Lee v. Luis Ferraro

Citations

  • 284 F.3d 1188
  • 2002 U.S. App. LEXIS 3438
  • 2002 WL 340670

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that slamming arrestee's head against trunk after securing him in handcuffs was \objectively unreasonable and clearly unlawful\
  • holding that slamming arrestee’s head against trunk after securing him in handcuffs was “objectively unreasonable and clearly unlawful”
  • holding that slamming a handcuffed ar-restee’s head against a vehicle violated the Fourth Amendment
  • holding that once an arrest has been fully secured and any potential danger or risk of flight vitiated, a police officer cannot employ severe and unnecessary force
  • holding that “there can be no doubt that [the police officer defendant] was acting in his discretionary capacity when he arrested [the plaintiff]”
  • concluding that “[t]he Fourth Amendment’s freedom from unreasonable searches and seizures encompasses the plain right to be free from the use of excessive force.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barkett, Marcus, Mills

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.