Aguirre v. City of San Antonio

Fact disputes precluded summary judgment as to whether decedent was resisting or posed threat of serious physical injury so as to warrant prone maximal-restraint position; despite Scott v. Harris, 5th Circuit treats deadly force as a “special subset of excessive force claims”; prone maximal-restraint position poses substantial risk of death or serious bodily injury and thus is deadly force; unnecessarily placing person in prone maximal-restraint position is a violation of clearly established rights foreclosing qualified immunity.