· 1/18/1993
Raul Jose Valencia v. Garry D. Wiggins
Citations
- 981 F.2d 1440
- 1993 U.S. App. LEXIS 588
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that hitting detainee’s head against the wall and applying chokehold was unreasonable response to detainee’s passive refusal to leave his cell
- concluding that the use of a “choke hold and other force . . . to subdue a non- resisting [pretrial detainee] and render him temporarily unconscious was unreasonable and was an excessive use of force”
- holding use of a “choke hold and other force . . . to subdue a non-resisting [detainee] and render him temporarily unconscious was unreasonable and was an excessive use of force”
- affirming denial of qualified immunity where the detainee merely asked a question before the officer repeatedly bashed his head against the cell bars and applied a chokehold that left the detainee unconscious
- affirming district court’s finding that “[defendant’s] use of the choke hold and other force used to subdue a non-resisting [plaintiff] and render him temporarily unconscious was unreasonable and was an excessive use of force”
- analyzing excessive force against pretrial detainees under the Due Process Clause
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Jolly, Wiener
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.