· 4/6/1998
Singleton v. City of Newburgh
Citations
- 1 F. Supp. 2d 306
- 1998 U.S. Dist. LEXIS 4704
- 1998 WL 170183
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a discharge of pepper spray reasonable to induce -20- No. 15-5314 Pennington v. Terry, et al. an arrestee to spit out contraband
- collecting cases in which courts have affirmed the constitutionality of mouth searches when a suspect was witnessed attempting to swallow evidence of a crime
- denying summary judgment on excessive force claim against officer who may have applied pressure to front of suspect’s neck when he had cocaine in his mouth; other uses of force including Heimlich maneuver and pepper spray were reasonable in the circumstances
- “The mere fact of other lawsuits against the City does not provide a basis for liability.”
- plaintiffs claim deemed “abandoned” and defendants’ summary judgment granted where claim was alleged in the complaint but “not raised elsewhere in the record”
- “One factor justifying the use of force is the appearance that the suspect is secreting contraband which could be used as evidence in a criminal prosecution.”
Source: CourtListener parenthetical corpus (CC0).
Judges: William C. Conner
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.