context: The plaintiff alleges that the incident took place as Miller took her son's file away from her. Viewing the facts in the light most favorable to the plaintiff, the Court finds that the complaint sufficiently alleges a cause of action for excessive force.
citation_a.signal: see
citation_a.identifier: 239 F.3d 252, 252
citation_a.parenthetical: finding that head trauma, lacerations and bruising to children which required hospital treatment due to a teacher's choking, punching and deliberate slamming of objects into the children's heads rose to the level of conscience shocking
citation_a.sentence: See Johnson, 239 F.3d at 252 (finding that head trauma, lacerations and bruising to children which required hospital treatment due to a teacher’s choking, punching and deliberate slamming of objects into the children’s heads rose to the level of conscience shocking).
citation_b.signal: but see
citation_b.identifier: 105 F.3d 857, 862
citation_b.parenthetical: finding that bumping, grabbing and elbowing does not reach the level of constitutional dimensions
citation_b.sentence: But see Boddie v. Schnieder, 105 F.3d 857, 862 (2d Cir.1997) (finding that bumping, grabbing and elbowing does not reach the level of constitutional dimensions).