CULVER BY AND THROUGH BELL v. Fowler

OWENS, Chief Judge:

On August 29, 1994, this court held a non-jury trial in the above-captioned case. Plaintiff alleges that defendant Gerald Fowler, as a police officer in the City of Sparta, Georgia Police Department, used excessive and unnecessary force in restraining plaintiff while plaintiff was in police custody. In addition, plaintiff alleges that defendant Brian Etheridge, also a police officer in the City of Sparta Police Department, failed to take reasonable steps to prevent the use of excessive force by defendant Fowler. After careful consideration of the arguments of counsel, the…