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.