Excessive Force Can Result in a 4th Amendment Violation
The Fourth Amendment to the United States Constitution prohibits unduly right or excessively forceful handcuffing during the course of a seizure of a person. As a result, police officers can be held civilly liable for claims of excessive force regarding the handcuffing of suspects.
Claims of Undue Force in Federal Court
When reviewing handcuffing claims against police officers, the 6th Circuit Court of Appeals will consider a number of factors, including the following: (1) whether the person complaint the handcuffs were too tight. (2) whether the officer ignored the complaints. (3) the length of detention. (4) whether the person experienced some physical injury.
Constitutional law is always changing. This is why you need to have an attorney that is diligent with keeping updated on the current status of the law – this could make the difference between going to jail or not. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. are forward thinkers, always current with the law, and always looking out for the best interest of our clients. Please contact us with any questions or problems you have. We are here to help.
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