CALLWOOD

v.

QUESTEL ET AL.

Citator

Cited By

• Valencia v. Wiggins, 981 F.2d 1440 (5th Cir. 1993)
  …87-88 and n. 12 (4th Cir.1987) (en banc) (Phillips, J., dissenting) (arguing that "seizure” does not relate only to the event of "arrest,” but applies as well when individuals already in custody suffer further restrictions on their liberty), vacated 490 U.S. 1087, 109 S.Ct. 2461, 104 L.Ed.2d 982 (1989). . Graham applied the Fourth Amendment's objective reasonableness standard even though the plaintiff was handcuffed — and thus securely in police custody — during the time in which the police allegedly tormen…
• Mertik v. Blalock, 983 F.2d 1353 (6th Cir. 1993)
  …e novo review. Dugan v. Brooks, 818 F. 2d 513, 516 (6th Cir.1987). The factual allegations of the complaint must be accepted as true, Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc., 854 F. 2d 135, 136 (6th Cir.1988), cert. dismissed, 490 U.S. 1087, 109 S.Ct. 2461, 104 L.Ed.2d 982 (1989), and construed in the light most favorable to the plaintiff, Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974). “A court may dismiss a complaint only if it is clear that no relief…