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Williams v. Sandel

Linked with Sandel v. Williams (11-736)
Certiorari Denied

Petition for certiorari denied on February 21, 2012.

Docket No.11-610
Op. Below6th Cir.

Issue

(1) Whether police officers" conduct is "objectively unreasonable" and therefore violates a clearly unarmed misdemeanant"s right to be free from excessive force under the Fourth Amendment when the officers stunned the misdemeanant thirty-seven times with a Taser, without warning, and severely beat him with batons, while incapacitated, rather than securing him; and (2) whether a court errs when it fails to consider the second prong of Saucier v. Katz if the plaintiff in a Section 1983 action can establish that a particularized constitutional right is clearly established in other Circuits and its own, especially considering this Court"s recent holding in Pearson v. Callahan , that the prongs need not be considered sequentially?

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