A Black Eye Can Constitute Excessive Force

Grass v. Johnson, 2009 WL 997346 (4/15/09) (unpub'd) - Force used by police can be excessive even if it does not result in that much damage. In this case, the plaintiff ended up with a black eye. The unwarranted nature of the force, not the potential for physical harm, rendered it unconstitutional. The allegations were sufficient to avoid summary judgment where the booking forms indicated the plaintiff had no injuries, but the plaintiff alleged those reports were false and he indisputably did have a black eye the morning after the arrest.