United States Fourth Circuit

Genuine issues of material fact exist with regard to plaintiff's excessive force claim, which should be reviewed on remand under the Fourth Amendment's "objective reasonableness" standard. Following adjudication of that issue, his state law battery claim must be revisited.

Appellate Information

• Decided 01/22/2004
• Published 01/22/2004

Judges

• Before LUTTIG, MICHAEL, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Jeannett Palacios Henry, Law Office of Donald M. Temple, Washington, D.C., for Appellant.  Jay Heyward Creech, Upper Marlboro, Maryland, for Appellees.   ON BRIEF: Donald M. Temple, Law Office of Donald M. Temple, Washington, D.C., for Appellant.