Opinion

James W. Mensh, Bennie P. Mensh v. R.A. Dyer, M.G. Tsoleas, Jr., C.M. Chidester, Jr., and Ted Banholzer, Gerald C. Fayed

  • 956 F.2d 36
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 13, 1992
Status
Published
Author
Kaufman
On the bench
Hall, Staker, Southern, Virginia, Kaufman
Cited by
47 cases
Authority
More cited than 25.7%

finding that handcuffing the plaintiff whose behavior, included shouting, refusing to raise his hands, and failing generally to comply with police orders, which made him “appear uncooperative,” was not excessive

How later courts described this case

  • finding that handcuffing the plaintiff whose behavior, included shouting, refusing to raise his hands, and failing generally to comply with police orders, which made him “appear uncooperative,” was not excessive
  • explaining that where “the use of force [is] not objectively unreasonable” it is “therefore not constitutionally excessive”
  • recognizing that forced entry was justified after officers heard "the sound of running feet"
  • “In the ensuing confusion, a brief detention to question Mr. Mensh’s assertions, reevaluate the situation and secure the scene was prudent and ‘objectively reasonable.’ ”

Written by the judges who cited it.

The opinion

KAUFMAN, Senior District Judge,

dissenting:

I would affirm the refusal of the district judge to grant summary judgment for the reasons stated by him in his Memorandum Opinion filed July 12, 1990. Whether ex *41 cessive force and/or unreasonable continuance of detention occurred — and if so, which of the defendants, if any, violated plaintiffs’ rights — present factual issues which, in my view, at least entitle plaintiffs to conduct discovery. Excessive force and/or unreasonable continuance of detention can violate constitutional rights of persons subjected to the same. See Johnson v. Morel, 876 F.2d 477 (5th Cir.1989); Wilkins v. May, 872 F.2d 190 (7th Cir.1989). Accordingly, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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