AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


     Back to list of subjects             Back to Legal Publications Menu

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


Back to list of subjects             Back to Legal Publications Menu