Legal Opinion

Oberist Lee Saunders v. George C. Duke

Court of Appeals for the Eleventh Circuit

Decided September 8, 2014No. 12-11401PublishedCited by 197 opinions

1Opinion of the Court

JORDAN, Circuit Judge:

We have repeatedly ruled that a police officer violates the Fourth Amendment, and is denied qualified immunity, if he or she uses gratuitous and excessive force against a suspect who is under control, not resisting, and obeying commands. See, e.g., Priester v. City of Riviera Beach, Florida, 208 F.3d 919, 927 (11th Cir.2000); Slicker v. Jackson, 215 F.3d 1225, 1233 (11th Cir.2000); Lee v. Ferraro, 284 F.3d 1188, 1198 (11th Cir.2002). Consistent with these decisions, we hold today that Oberist Saunders, who alleged that his head was “slammed” against the pavement with…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Graham v. ConnorSupreme Court of the United States · 1989
  4. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  5. Wilkins v. GaddySupreme Court of the United States · 2010

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3Cited by197 opinions

  1. Christopher J. Weiland v. Palm Beach County Sheriff's OfficeCourt of Appeals for the Eleventh Circuit · 2015
  2. James Edward Hoefling, Jr. v. City of MiamiCourt of Appeals for the Eleventh Circuit · 2016
  3. Paul Stephens v. Nick Degiovanni, individuallyCourt of Appeals for the Eleventh Circuit · 2017
  4. Ruben Sebastian v. Javier OrtizCourt of Appeals for the Eleventh Circuit · 2019
  5. Cugini v. City of New York, PalazzolaCourt of Appeals for the Second Circuit · 2019

192 more not listed; retrieve them via the Exa API.

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