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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 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.