Cunningham v. Cobb County: Excessive Force Claim Denied
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Cunningham v. Cobb County: Excessive Force Claim Denied
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About this listen
The episode is dicusses an 11th Circuit detailing the appeal of a summary judgment in a case where Jamie Cunningham sued Cobb County and several police officers under 42 U.S.C. § 1983, alleging excessive force during his arrest for burglary and a Monell claimagainst Cobb County for an unconstitutional custom or policy. The United States Court of Appeals for the Eleventh Circuit reviewed the district court's decision de novo, focusing on whether the officers' use of force was objectively reasonable and if they were entitled to qualified and official immunity. The court ultimately affirmed the summary judgment, concluding the officers did not violate Cunningham's Fourth Amendment rights or act with actual malice, thereby negating the basis for both the individual claims and the Monell claim against the county.