CINCINNATI (AP) — An excessive force lawsuit has been revived against a southwest Ohio sheriff's deputy accused of slamming a handcuffed inmate's head into a wall so hard it caused whiplash.
The Wednesday decision by the 6th Circuit U.S. Court of Appeals in Cincinnati allows Phillip Cordell's lawsuit to move forward against Greene County Deputy Glen McKinney.
McKinney and his attorney didn't immediately respond to requests for comment.
The 6th Circuit's decision reverses a federal judge's ruling throwing out Cordell's lawsuit.
The 6th Circuit found that the judge shouldn't have granted McKinney immunity from the lawsuit and that a reasonable jury could conclude that McKinney acted with a "malicious and sadistic attempt to inflict injury."
Cordell said he was handcuffed and cooperating when McKinney rammed his head into a wall in July 2009.