United States Sixth Circuit

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Aldini v. Johnson, 09-3183

In plaintiff's 42 U.S.C. section 1983 excessive force suit against four corrections officers, claiming that he was beaten and repeatedly tased while being held in the booking room pending a completion of the booking process, the judgment of the district court is affirmed in part, vacated in part and remanded where: 1) the district court erred in applying the Fourteenth Amendment standard to an arrestee detained following a warantless arrest prior to a probable cause hearing; 2) district court's conclusion that the actions of one officer violated the Fourteenth Amendment, rather than applying the Fourth Amendment, was harmless because actions that violate the Fourteenth Amendment necessarily violate the Fourth Amendment ; and 3) district court's grant of qualified immunity to the remaining officers is vacated as a review of the record leads the court to believe that a different result could be possible under the Fourth Amendment for the remaining officers.

Appellate Information

  • Argued 11/20/2009
  • Submitted 06/29/2010
  • Decided 06/29/2010
  • Published 06/29/2010



  • United States Sixth Circuit


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