Rich v. Palko

Seated, handcuffed mentally ill man spits on McKinney, Tex. officers. They take him to ground. His head hits a cabinet on the way down, opening a 5-inch gash that requires seven staples. Video belies an officer’s report of the incident; he amends his report after watching the video. Fifth Circuit: There is no constitutional right to be free from false police reports. And while it’s clearly established that slamming a subdued suspect into a car with enough force to break teeth is excessive force, it’s not clearly established that slamming a cuffed detainee into a cabinet is.

Tags: 2019, Excessive Force, Fifth Circuit, Police

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