OBERIST LEE SAUNDERS v. GEORGE C. DUKE (MBI Agent), Thomas Matthews (Agent), Conrad Kilian (Agent)  11th Circuit Court of Appeal

Justia.com Opinion Summary: Plaintiff filed suit against law enforcement officers under 42 U.S.C. 1983, alleging that officers used excessive force when his head was slammed against the pavement with extreme force after he had been handcuffed and was lying prone on the ground. The court held that plaintiff stated a valid Fourth Amendment claim for excessive force and that defendants were not entitled to qualified immunity. Accordingly, the court reversed the district court’s dismissal of plaintiff’s claim.



Hopefully this will be a wake-up call for officers that think it is okay to use excessive force against defendants and get away with the aftermath and effects.  I think the 11th Circuit Court of Appeals correctly decided the defendants acted outside the scope of their employment and were not entitled to qualified immunity.  Hopefully the Plaintiff will prevail on his claim in the lower court.

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