· 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 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.