"Graham, a diabetic having an insulin reaction, was mistakenly believed to be intoxicated by Charlotte, North Carolina police officers.Though Graham asked officers to check his wallet for a diabetic decal he carried and a friend attempted to get permission to give Graham orange juice, Charlotte police refused and during a struggle, four officers threw him headfirst into a police car.Graham sustained serious injuries resulting in his suit alleging violation of his constitutional rights. The lower courts directed a finding for the police officers under the 14th Amendment's absence of malice analysis-that they did not intend to harm Graham."

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