United States Sixth Circuit

In plaintiff's 42 U.S.C. section 1983 against a police officer, district court's judgment is affirmed in part, reversed in part and remanded where: 1) no reasonable jury could find that defendant violated the Fourth Amendment either by entering plaintiff's home or by remaining inside as long as he did; 2) defendant violated plaintiff's right to be free from excessive force, as striking a neutralized suspect who is secured by handcuffs is objectively unreasonable; and 3) because plaintiff's right to be free from excessive force was clearly established, defendant is not entitled to qualified immunity on the excessive force claim.

Appellate Information

• Decided 03/04/2010
• Published 03/04/2010

Judges

Court

• United States Sixth Circuit

Counsel