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

> Court of Appeals for the Fourth Circuit · January 13, 1992 · 956 F.2d 36

URL: https://www.frixlaw.com/law-library/cases/9482582

## Case

- **Full name:** James W. MENSH, Bennie P. Mensh, Plaintiffs-Appellees, v. R.A. DYER, M.G. Tsoleas, Jr., C.M. Chidester, Jr., Defendants-Appellants, and Ted Banholzer, Gerald C. Fayed, Defendants
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** January 13, 1992
- **Citations:** 956 F.2d 36
- **Precedential status:** Published
- **Opinion:** Dissent by Kaufman
- **Judges:** Hall, Staker, Southern, Virginia, Kaufman
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9482582

## How later opinions describe it (automated extraction)

- 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"

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9482582. Public record. Not legal advice.