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United States Sixth Circuit


PHELPS v. COY, 00-4257

The reasonableness standard of the Fourth Amendment (and not the "murky" Eighth Amendment standard) applied to defendant police sergeant's use of force against plaintiff in the booking process, and defendant was not entitled to summary judgment on claim of qualified immunity.

Appellate Information

  • Decided 04/10/2002
  • Published 04/10/2002

Judges

  • Before SILER, CLAY, and GIBSON, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Lawrence Edward Barbiere (argued and briefed), Schroeder, Maundrell, Barbiere & Powers, Cincinnati, OH, for Appellant.

  • For Appellees:
  • David M. Deutsch (argued and briefed), Dayton, OH, for Appellee.
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