Order Granting Rehearing En Banc May 23, 1988.
GEE, Circuit Judge:
The issue in today's case is whether the Constitution is violated by a malicious and gratuitous application of unnecessary force by a state officer, or whether the victim must be content with a common-law tort action, where the physical injuries inflicted are trifling ones.
The facts of the case, as alleged by the complainant and as assumed by the trial court for summary judgment purposes...
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