United States Fourth Circuit

In a 42 U.S.C. section 1983 suit alleging that plaintiff's son had been battered, negligently injured, and subjected to excessive force in violation of his Fourth Amendment rights, denial of defendant-officer's motion for summary judgment claiming qualified immunity is affirmed where the facts, viewed in the light most favorable to the son, indicated that the officer's actions were not objectively reasonable and violated his clearly established Fourth Amendment right to be free from excessive force.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• Before GREGORY and DUNCAN, Circuit Judges, and RICHARD D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Mary Alice Rowan, County Attorney's Office, Prince William, Virginia, for Appellant.  James Arthur DeVita, Butler Legal Group, P.L.L.P., Washington, D.C., for Appellee.