The following excerpt is from Kessler v. Hight, No. 2:16-cv-01930 TLN AC (PS) (E.D. Cal. 2018):
This case is similar to Malek v. Green, 2017 U.S. Dist. LEXIS 159373 (N.D. Cal. 2017), in which qualified immunity was granted to an officer who allegedly applied handcuffs in a way that aggravated a pre-existing injury. As the district court explained in Malek:
Id. at *54-55.
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The same result was reached in Strem v. City of San Diego, 2017 U.S. Dist. LEXIS 177202 (S.D. Cal. 2017), in which plaintiff alleged that he was handcuffed behind his back despite his insistence that his pre-existing shoulder injuries made the position impossible for him. The court found that no clearly-established law holds that the failure to accommodate a pre-existing physical condition constitutes excessive force. Id. at *19.
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