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RICHMOND – The Fourth Circuit revived civil rights claims against two police officers who pepper sprayed an in-uniform Army officer, pushed him to the ground, and handcuffed him. The Army officer was pulled over for not having a rear license plate, but the temporary plate was clearly taped in the back window, and there was no cause for officers to immediately draw their weapons. The Army officer’s conduct throughout was calm and compliant, and the pepper spraying of a calm person who had his hands visible in a prolonged sign of surrender “was very excessive.”
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