where the Fifth Circuit held that “genuine issues of material fact remain[ed] regarding the use of excessive force and the objective reasonableness of using such force,” such that the defendant was not entitled to summary judgment but could “still [] assert qualified immunity at trial.”
How later courts described this case
- where the Fifth Circuit held that “genuine issues of material fact remain[ed] regarding the use of excessive force and the objective reasonableness of using such force,” such that the defendant was not entitled to summary judgment but could “still [] assert qualified immunity at trial.”
- clearly established right violated where suspect fled from officer after minor traffic violation, and, after being handcuffed, officer hit him in the eye with a flashlight causing injury that required stitches
- "[The] evidence reveals that genuine issues of material fact remain regarding the use of excessive force.”
Written by the judges who cited it.
The opinion
986 F.2d 1419
Randell
v.
Davis *
NO. 92-1695
United States Court of Appeals,
Fifth Circuit.
Feb 17, 1993
1
Appeal From: N.D.Tex.
2
AFFIRMED.
*
Fed.R.App.P. 34(a); 5th Cir.R. 34.2