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case

Excessive Force Used by Officer

Decided
Mon, 09/08/2014

Saunders v. Duke, et al.: Plaintiff filed a suit against law enforcement officers, alleging fourth amendment violations during his arrest. Plaintiff claims officers used excessive force against him when his head was slammed against the pavement while he was handcuffed. During the entirety of the arrest, Saunders complied and did not resist arrest in any way. Officers commanded him to lie on the hot pavement; because the pavement was hot, Saunders kept his head slightly lifted and told officers of the hot pavement. An officer then slammed his head down on the pavement and caused blood to pour out of his mouth and face from the impact. The district court dismissed Saunders’ claims of fourth amendment violations and granted qualified immunity to officers.

Decision

Circuit court reverses the dismissal of plaintiff’s claims, and remands for further proceedings.

Read the full decision here