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Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled

On June 29, 2010, the Sixth Circuit held that a lower correct incorrectly applied the Fourteenth Amendment, rather than the Fourth Amendment to resolve a pre-trial detainee’s excessive force claim. Since the qualified immunity analysis was likely to carry, the court remanded for reconsideration.

Air Force First Lieutenant Louis Aldini …

 

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