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Handcuffing here was a de mininus intrusion

By John Wesley Hall, Jr.

Handcuffing the disordering plaintiff was necessary and de minimus, all things considered. Secondo v. Campbell, 2008 U.S. Dist. LEXIS 27593 (N.D. Fla. April 4, 2008): Applying this standard against the facts presented by Plaintiff, this Court finds that Officer Folsom did not use excessive force. The crime of disorderly conduct is relatively minor. However, even though he was not resisting arrest, based on Plaintiff's affidavit and depositions, Plaintiff did appear to pose a threat to the safety of the officers and the tenants. Additionally, the time that Plaintiff was subjected to the pain and discomfort was very limited. According to both Plaintiff and Defendants' accounts, Plaintiff was handcuffed with his arms behind him for only a few minutes...continue to full post

Full post as published by Fourth Amendment on April 09, 2008 (boomark / email).