![]() This is not an allegation of an accidental bump or bruise inflicted in the course of effecting an arrest and, further, if Plaintiff's allegations are true, Bilobran's actions were not truly taken in the course of effecting Plaintiff's arrest. Therefore, such conduct cannot reasonably be thought to be "within the bounds of appropriate police responses." Saucier, 533 U.S. Given that a jury could find that Plaintiff posed no danger to anyone at the time, there was simply no justification to shove Plaintiff against the door head first and painfully twist his arms while the door was opened. However, the fact that a police officer is effecting an arrest only gives him license to use the force that is necessary: a "plaintiff may bring a claim pursuant to § 1983 where police use more force than is necessary to arrest him." Thomas 236 Fed.Appx.To establish such a claim, "there must be some proof of a `definite act or threat not authorized by the process, or aimed at an objective not legitimate in the use of process.'"įeldman v. "`When process is used to effect an extortionate demand, or to cause the surrender of a legal right, or is used in any other way not so intended by proper use of the process, a cause of action for abuse of process can be maintained.'"īrown v. ![]() The crux of this action is the perversion of the legal process to achieve an objective other than its intended purpose. ![]() "` section 1983 claim for malicious abuse of process lies where prosecution is initiated legitimately and thereafter is used for a purpose other than that intended by the law.'"
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