Sixth Circuit· 6/10/2008
Leary v. Livingston County
Citations
- 528 F.3d 438
- 2008 U.S. App. LEXIS 12370
- 2008 WL 2340231
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the right to be from violence of other prisoners is clearly established
- finding that an officer’s use of force was de minimis because the plaintiff “did not suffer any objectively verifiable injury”
- hodling that plaintiff potentially had a constitutional claim against guard who told other prisoners that plaintiff was charged with raping a child
- observing that “convicted prisoners may bring excessive-force claims under the Eighth Amendment” while “free citizens may bring such claims under the Fourth Amendment” (internal quotation marks and brackets omitted)
- finding that when a party “does not present a developed legal argument, but instead merely sets forth the legal standard” without “suggest[ing] how such a standard is applicable to him,” the party waives the argument
- holding an officer’s strike of a non-resisting pretrial detainee—“’[i]n the back of the neck’ with the side of his hand, performing ‘a karate chop kind of a deal’—was de minimis,” and thus did not violate the Constitution
Source: CourtListener parenthetical corpus (CC0).
Judges: Clay, Sutton, and McKeague, Circuit Judges
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.