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Florida Attorney Excessive Force in Effecting Arrest

Tampa Civil Rights AttorneyCivil rights lawyer, Attorney W.F. ''Casey'' Ebsary reports that a jury could find plaintiff's constitutional right to be free from excessive force during arrest were violated during a misdemeanor arrest. The Eleventh Circuit Court of Appeals in Atlanta held that after a suspect was handcuffed and cooperating with deputy, a deputy who forcefully dragged the suspect outside, and proceeded to repeatedly “slam” his body into a concrete structure, and who caused him extreme pain, put the suspect in fear for his life, and inflicted serious injuries could be held accountable under section 1983 in federal court. Not surprisingly, the court found it should have been clear to deputy that slamming a handcuffed and cooperating suspect against corner of a concrete wall with sufficient force to break arrestee's ribs and cause a leaking aneurysm was unlawful. The District court erred in granting summary judgment, and throwing out the suspect's case. The deputy was not entitled to qualified immunity.

Source: 21 Fla. L. Weekly Fed. C1321a

Law Enforcement Officers, Excessive Force in Effecting Arrest, Qualified Immunity

Tampa Civil Rights Attorney

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