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Pourmoghani-Esfahani v. Gee, No. 10-10020

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By FindLaw Staff on November 09, 2010 4:45 PM

Excessive Force Action

In Pourmoghani-Esfahani v. Gee, No. 10-10020, a 42 U.S.C. section 1983 case alleging that defendant applied excessive force to plaintiff and was deliberately indifferent to her serious medical needs while plaintiff was detained at the Hillsborough County Jail in Tampa, Florida, the court affirmed in part the denial of summary judgment based on qualified immunity for defendants, holding that the force defendant used was obviously--in the light of the preexisting law--beyond what the Constitution would allow under the circumstances.  However, the court reversed in part where the medical treatment that plaintiff received would support no conclusion of deliberate indifference by defendant.

As the court wrote:  "In this section 1983 case, Plaintiff-Appellee Marcella Pourmoghani-
Esfahani ("Plaintiff") alleges that Defendant-Appellant Deputy Shanna Marsh ("Defendant") applied excessive force to Plaintiff and was deliberately indifferent to her serious medical needs while Plaintiff was detained at the Hillsborough County Jail in Tampa, Florida, in November 2006. On both constitutional claims, the district court denied Defendant's motion for summary judgment and qualified immunity; we affirm the decision on the excessive-force claim but reverse on the deliberate-indifference claim."

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