Tucker v. City of Shreveport

Court unjustifiably overrules district court, which found that issues of fact precluded summary judgment, and affords qualified immunity to officers for (1) take down of unarmed plaintiff who had been pulled over for non-violent traffic offense, based on “slight movement” and “tension” in plaintiff’s arm, which would have been insufficient but for so-called aggravating factors that plaintiff continued driving for a couple of minutes after officer engaged lights and siren, incident occurred in “high-crime area,” plaintiff was taller than officers, plaintiff expressed anger and frustration, smelled of marijuana, and asked why officers were “fucking” with him; and (2) punching and kicking plaintiff when he was on the ground based on fact he was struggling and plaintiff failed to clearly allege the abuse continued after he was subdued.