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Sixth Circuit Explores Excessive Force Legal Twilight Zone; Finds Fourth, not Fourteenth Amendment Controlled
Loaded on March 15, 2013
by Mark Wilson
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.
Filed under:
Police Searches,
Guard Brutality/Beatings,
Stun Guns/Tasers,
Immunity/Liability,
Qualified Immunity.
Location:
Ohio.
Air Force First Lieutenant Louis …
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More from Mark Wilson:
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- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
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- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
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- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
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- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
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- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
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