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Machie v. Demme

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 31, 2014
564 F. App'x 17 (4th Cir. 2014)

Summary

holding that "the violent handcuffing and the twisting of [the suspect's] arm, on its own, may be insufficient to constitute excessive force," but the violent handcuffing, twisting of the suspect's arm, and the smashing of the suspect's head into the wall, when taken together, possibly constituted a valid claim of excessive force, especially given the undisputed fact that the suspect did not resist arrest.

Summary of this case from Young v. Lacy

Opinion

No. 13-2539

03-31-2014

EDMOND K. MACHIE, Plaintiff - Appellant, v. NANCY DEMME, Commander; PAK, Officer; K. C. HAAK, Officer; MONTGOMERY COUNTY, MARYLAND, Defendants - Appellees, and J. THOMAS MANGER, Chief, Montgomery County Police, Defendant.

Edmond Machie, Appellant Pro Se. Edward Barry Lattner, COUNTY ATTORNEY'S OFFICE, Rockville, Maryland; Silvia Carolina Kinch, OFFICE OF THE COUNTY ATTORNEY, Rockville, Maryland, for Appellees.


UNPUBLISHED

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:09-cv-02196-AW) Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Edmond Machie, Appellant Pro Se. Edward Barry Lattner, COUNTY ATTORNEY'S OFFICE, Rockville, Maryland; Silvia Carolina Kinch, OFFICE OF THE COUNTY ATTORNEY, Rockville, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Edmond Machie appeals the district court's orders dismissing his civil rights complaint in part, granting summary judgment in favor of some defendants, denying his motion to alter or amend the grant of summary judgment, and entering judgment in favor of the remaining defendant following a jury trial. On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Because Machie's informal brief does not fairly challenge the basis for the district court's dispositions or the jury's verdict, Machie has forfeited appellate review of the court's order. Accordingly, we affirm the district court's judgment. We deny Machie's motions for counsel and for a transcript at Government expense. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED


Summaries of

Machie v. Demme

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 31, 2014
564 F. App'x 17 (4th Cir. 2014)

holding that "the violent handcuffing and the twisting of [the suspect's] arm, on its own, may be insufficient to constitute excessive force," but the violent handcuffing, twisting of the suspect's arm, and the smashing of the suspect's head into the wall, when taken together, possibly constituted a valid claim of excessive force, especially given the undisputed fact that the suspect did not resist arrest.

Summary of this case from Young v. Lacy
Case details for

Machie v. Demme

Case Details

Full title:EDMOND K. MACHIE, Plaintiff - Appellant, v. NANCY DEMME, Commander; PAK…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Mar 31, 2014

Citations

564 F. App'x 17 (4th Cir. 2014)

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