AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Assault and Battery: Flashlight
A reasonable officer
would know that administering closed-fist punches and flashlight blows
to the head, after an arrestee was handcuffed, and continuing to strike
him after he had stopped resisting arrest -- and failing to place him in
the proper position after hobbling him -- was excessive force. The officers
were not entitled to qualified immunity. Sallenger v. Oakes, #05-3470,
2007 U.S. App. Lexis 436, 2007 WL 60422 (7th Cir.) [N/R]
Conviction of arrestee for assaulting
arresting officers barred his bringing a lawsuit for use of excessive force
Roberts v. City of Maplewood Chief of Police, 710 F.Supp. 1283 (E.D. Mo
1989).
No liability to city, chief or officer for
severe injuries to arrestee struck with flashlight Wellington v. Daniels,
717 F.2d 932 (4th Cir. 1983).
Punitive damage award of over $21,000 reversed
absent proof of litigation expenses Gagne v. Town of Enfield, 734 F.2d
902 (2nd Cir. 1984).
Mother awarded $5,000 for being struck with
flashlight when made inquiries about son's arrest; exigent circumstances
permitted warrantless entry onto neighbor's yard Keyes v. City of Albany,
594 F.Supp. 1147 (N.D.NY 1984).
No showing of excessive force with flashlight
during arrest for public intoxication Wing v. Britton, 748 F.2d 494 (8th
Cir. 1984).
City's discovering plaintiff's claim for
worker's compensation gave it advantage in obtaining dismissal of assault
suit Davis v. Forrest, 768 F.2d 257 (8th Cir. 1985).
" See also: Administrative
Liability: General