United States Fourth Circuit

In a section 1983 suit alleging excessive use of force, denial of qualified immunity to defendant-police officer is affirmed where the facts show that plaintiff's Fourth Amendment right to be free from seizures carried out by excessive force was violated and clearly established at the time.

Appellate Information

• Decided 04/25/2005
• Published 04/25/2005

Judges

• Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellant., William H. Davidson, II, Robert D. Garfield, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Appellant.


• For Appellees:
  
• John Christopher Mills, Columbia, South Carolina, for Appellee.