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Allegation of hitting plaintiff in the face while handcuffed states an excessive force claim

By John Wesley Hall, Jr.

Plaintiff's claim that he was hit in the face with handcuffs while already handcuffed stated a claim for excessive force. Torres-Caraballo v. Municipality of Yauco, 2008 U.S. Dist. LEXIS 56166 (D. P.R. July 23, 2008)* (Plaintiff here did not even respond to the defendant's motion to dismiss, and the motion was still denied.). There was probable cause to believe that evidence would be found, so plaintiff's civil rights case fails on the merits. Owen v. County of Kitsap, 2008 U.S. Dist. LEXIS 56059 (W.D. Wash. July 23, 2008).* Plaintiff's deposition testimony that he did not live in the place to be searched and he lacked authority to consent to a search of the premises showed that he lacked a reasonable expectation of privacy in it. Hindbaugh v...continue to full post

Full post as published by Fourth Amendment on July 27, 2008 (boomark / email).