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Hales v. Newport News — pleading opinion, Doc. 17

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31 countervailing governmental interest supporting the use of such force as the predicate crime at issue, a non-violen t touching, is clearly not severe, the Complaint reveals no ser ious threat posed by Plaintiff, and she did not resist arrest o r attempt to flee. Turmon, 405 F.3d at 207. Furthermore, Plain tiff alleges that she remained in the excessively tight handcuff s for thirty minutes after being placed in a holding cell at the police station, during which she repeatedly ―begged‖ Offic er Briggs to loosen or remove her cuffs. These facts are suffic ient to allege a § 1983 claim for excessive force.18 however, as advanced by Plaintiff, fail to suggest that Briggs ever examined Plaintiff‘s condition. 18 Some of the Defendants argue that allegations of ti ght handcuffs are necessarily insufficient to state a § 1983 claim. See Carter, 164 F.3d at 219 n.3 (finding that the plaintiff‘s claim that ― her handcuffs were too tight and that an officer pushed her legs as she got into the police car-is s o insubstantial that it cannot as a matter of law ‖ support a Fourth Amendment claim). However, Carter, and the cases cited therein, establishes that excessive force claims st emming from the use of handcuffs fail as a matter of law only w hen a plaintiff‘s injuries are limited to minor scrapes o r soreness . See Cooper v. City of Virginia Beach, Va., 817 F. S upp. 1310, 1314 (E.D. Va. 1993) (collecting excessive force ca ses involving the use of handcuffs and noting that ― the presence, nature, and extent of any resulting injury constitute important elements in the reasonableness calculus ‖). In contrast, here, Plaintiff alleges that she lost feeling in her hand and finge rs, that her pain caused her to repeatedly ―beg‖ Briggs to loose n the cuffs, and that as a result of his failure to do so, Plain tiff suffered permanent injuries that resulted in her loss of inc ome. See Morrison v. Board Of Trustees Of Green Twp., 583 F. 3d 394, 401 (6th Cir. 2009) (―T he Fourth Amendment prohibits unduly tight or excessively forceful handcuffing during the course of a seizure,‖ and to recover a plaintiff must prove: ― (1) he or she complained the handcuffs were too tight; (2) the of ficer ignored
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