Cummings v. McIntire

COFFIN, Senior Circuit Judge.

Appellant James Cummings brought this suit under 42 U.S.C. § 1983 claiming that his right to substantive due process was violated when appellee Allen Mclntire, an on-duty police officer, allegedly struck him unjustifiably as Cummings asked for street directions. The district court granted summary judgment for all defendants. 1 It concluded that Mclntire’s conduct — though deplorable, unprofessional and offensive — did not “shock the conscience,” and thus fell short of establishing a constitutional violation. We affirm.

I. Factual Background

The relevant facts are…