denied, 528 U.S. 1079, 120 S.Ct. 797, 145 L.Ed.2d 672 (2000); Cox v. Treadway, 75 F.3d 230, 235 (6th Cir.) (Applying Fourth Amendment to post-arrest use of force), cert. denied, 519 U.S. 821, 117 S.Ct. 78, 136 L.Ed.2d 37 (1996); Austin v. Hamilton, 945 F.2d 1155 (10th Cir.1991) (overruled on other grounds) (applying Fourth Amendment standard to excessive force claim where plaintiffs were detained and beaten for 12 hours without being formally arrested); Powell v. Gardner, 891 F.2d 1039, 1044 (2d Cir.1989) (“We think the Fourth Amendment should probably be applied at least to the period prior to the time when the person arrested is arraigned or formally charged, and remains in the custody (sole or joint) of the arresting officer”); Powell v. Gardner, 891 F.2d 1039, 1044 (2d Cir.1989) (<HOLDING>). The Fourth Circuit has rejected the
holding that fourth amendment seizure continues throughout the time the person remains in the custody of the arresting officers holding that the fourth amendment protects people not places holding fourth amendment protects against use of force while in arresting officers custody until arraignment or formal charge recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest holding that an officers use of force against a plaintiff was objectively reasonable considering the force the plaintiff herself exercised in resisting police custody