· 11/5/2002
Maris Herzog v. Village of Winnetka, Illinois, and Winnetka Police Officers Powell and Colleran
Citations
- 309 F.3d 1041
- 2002 U.S. App. LEXIS 22987
- 2002 WL 31455159
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the officer used excessive force by shoving an arrestee on the ground despite a lack of resistance or evidence of criminal activity
- concluding that shoving the plaintiff to the ground, cracking her tooth with a forced breath-screening device, waiting over an hour to loosen too-tight handcuffs was excessive force
- refusing to loosen plaintiffs chafing handcuffs constitutes excessive force in case where complainant had violated no law, was arrested without probable cause and did not resist
- collecting cases and reciting that a refusal to loosen a plaintiffs chafing handcuffs is an instance of excessive force
- refusing to loosen plaintiff’s chafing handcuffs constitutes excessive force in case where complainant had violated no law, was arrested without probable cause and did not resist
- characterizing “refus[al] to loosen the plaintiff’s chafing handcuffs” as an “instance[] of excessive force”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Kanne
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.