United States Third Circuit

Because a reasonable officer would have known that employing excessive force in the course of handcuffing would violate the Fourth Amendment, the district court erred in granting summary judgment to defendant on the basis of qualified immunity.

Appellate Information

• Argued 11/06/2003
• Decided 03/17/2004
• Published 03/17/2004

Judges

• Before:  McKEE, SMITH, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John J. Auritt (argued), Media, PA, for Appellant.


• For Appellees:
  
• Joseph Santarone, Walter F. Kawalec, III (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Cherry Hill, NJ, for Appellee Officer Tyrone Tate.