Legal Opinion
Dennis Ray Kidd v. Robert O'Neil Mike Lomonaco Fairfax County Police Dept.
Court of Appeals for the Fourth Circuit
Decided September 23, 1985No. 83-6556PublishedCited by 44 opinions
1Opinion of the Court
JAMES DICKSON PHILLIPS, Circuit Judge:
This appeal presents fundamental issues respecting the source and scope of constitutional rights of protection against, and statutory remedies for, the ■ excessive use of force by state police in making arrests. Here the district court, expressing reservations about both the source and scope of any such right and of any consequent remedy, and professing inability to apply what it considered to be this court’s unclear precedents in the matter, summarily dismissed, on legal grounds, such an excessive force claim brought under 42 U.S.C. § 1983. We reverse,…
2Cases cited32 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Terry v. OhioSupreme Court of the United States · 1968
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
27 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Betty Lester v. City of Chicago, Officer Daniel Leahy, Officer Ernest Cain, and Sergeant John McNultyCourt of Appeals for the Seventh Circuit · 1987
- Luther Wilkins, Jr. v. James A. MayCourt of Appeals for the Seventh Circuit · 1989
- Brooks v. Pembroke City JailDistrict Court, E.D. North Carolina · 1989
- Graham v. ConnorSupreme Court of the United States · 1989
39 more not listed; retrieve them via the Exa API.