F.4th, 2021 WL 5414410

Johnson v. City of Miami Beach

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 14:11

Jury could find that when officer entered holding cell and struck prisoner who had been complaining about his arrest, that prisoner’s arrest had been effected, he was fully secured, not moving, resisting, or posing any threat, not attempting to flee, and there was no need to use force against him, hence force would be excessive and officer would not be entitled to qualified immunity.