Handcuffs

Officers entered plaintiff’s front porch with guns drawn, handcuffed him, and patted him down as part of a burglary investigation and found a weapon and drugs; on appeal of his criminal case, 10th Circuit held that the forceful measures used by the officers to effectuate detention elevated to an arrest and they had reasonable suspicion but not probable cause for an arrest so that motion to suppress should have been granted; on appeal from summary judgment in civil case, 10th Circuit says that law was not clearly established and affords officers qualified immunity; although use of forceful m

Police officers stopped plaintiff for suspected involvement in drug deal, plaintiff was polite and cooperative but could not find driver’s license although he had three other cards bearing his name, officers handcuffed him and kept cuffs on after a clean frisk and consensual pocket search, officers did not perceive plaintiff as dangerous and had no reason to; handcuffing for five minutes absent any concern for safety was not reasonably related to circumstances which justified the stop and violated clearly established Fourth Amendment rights.

Issue of fact precluded summary judgment on claim that officer ignored plaintiff’s complaint that handcuffs were too tight; fact that a different officer later loosened cuffs did not absolve first officer of liability.

Recognizing cause of action for applying cuffs too tight, turning hands red and causing long-term nerve damage to hand, and then failing to loosen them when plaintiff complained.

Plaintiff making a claim of injury due to tight handcuffs must prove officers were aware of her pain and failed to loosen them.

Officers not entitled to summary judgment on excessive force claim based on tight handcuffing where plaintiff’s evidence showed she had red marks on wrists the next day and she suffered from carpal tunnel syndrome; district court erred in concluding plaintiff had failed to prove carpal tunnel syndrome was caused by handcuffs, on summary judgment court was obliged to take facts in light most favorable to plaintiff.