Neither sticks, nor stones, nor broken bones are required for excessive force claims to be filed against police officers. The 8th U.S. Circuit Court of Appeals on Monday said for the first time that plaintiffs do not have to show a "greater than de minimis injury" to establish a claim for the use of excessive force in Fourth Amendment civil rights cases.
A man who suffered only a bruise during his arrest could still bring a civil rights action for excessive force against the arresting officers, according to the 8th U.S. Circuit Court of Appeals. The case addressed an issue undecided in the 8th Circuit: whether a plaintiff must show a minimum level of injury to bring a Fourth Amendment excessive force claim.
WOODS CROSS -- A federal judge has dismissed part of a lawsuit against the city and one of its police officers over the use of a Taser against a woman who claims she was unarmed. But U.S. District Judge Tena Campbell, in a decision issued this week, ruled that there are sufficient grounds for the Fourth Amendment excessive force claims raised by Shannon Cavanaugh to proceed to trial, and that a jury should decide whether Woods Cross is liable for the officer's alleged civil rights violations.
... that the Fourth Circuit’s Eighth Amendment analysis is inconsistent with Hudson v. McMillian,... foundation, the Court concluded that force, rather than injury, is the relevant inquiry, and that a prisoner who alleges excessive force at the hands of prison officials and suffers...
..., that Saucier had violated his Fourth Amendment rights by using excessive force in arresting him w...
A New Jersey woman with a state civil rights complaint against the town in connection with her arrest in October also has filed a federal lawsuit against two town police officers. Eugenie Meneide of Trenton alleges that Officer Brian Stewart and Sgt. Gabe Lupo assaulted her Oct. 13 while she was parked outside the Wal-Mart store on Dixwell Avenue. She also alleges that the officers violated her rights under the Fourth Amendment, which protects her from excessive force and unreasonable search and seizure. According to the suit, on file at federal court in Bridgeport, Stewart and Lupo inappropriately touched and manhandled Meneide while arresting her.
...Louis County Drug Task Force; Bradley Kelling, Officer; Andria Van Mierl... violated his rights under the Fourth Amendment by using excessive force against him during and sh...
A New Jersey woman with a state civil rights complaint against the town in connection with her arrest in October also has filed a federal lawsuit against two town police officers. Eugenie Meneide of Trenton alleges that Officer Brian Stewart and Sgt. Gabe Lupo assaulted her Oct. 13 while she was parked outside the Wal-Mart store on Dixwell Avenue. She also alleges that the officers violated her rights under the Fourth Amendment, which protects her from excessive force and unreasonable search and seizure. According to the suit, on file at federal court in Bridgeport, Stewart and Lupo inappropriately touched and manhandled Meneide while arresting her.
..., alleging that they had used excessive force in making the stop, in violation of "rights secured to him under the Fourteenth Amendment to the United States Constitution and 42 U.S.C. 19...
... to subdue a suspect resulted in the excessive use of force and whether the officers are entitled... the alleged violation of their Fourth Amendment rights. In Brooks's case, the district court ruled...
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