Legal Opinions – U.S. 4th Circuit Court of Appeals 

Posted: 1:00 am Tue, May 27, 2008
By admin

Civil RightsExcessive force claim under the Due Process ClauseBOTTOM LINE: Police officer was not entitled to qualified immunity where his user of a taser on an arrestee constituted excessive force in violation of the Fourteenth Amendment and was not objectively reasonable.CASE: Orem v. Rephann, No. 07-1696 (decided Apr. 28, 2008) (Judges GREGORY & Osteen (sitting ...