F.4th, 2022 WL 594046

When officers are called for wellness checks or other non-criminal calls, this Court looks at what the officer learned and observed about the situation before the officer even engaged with anyone on the scene;” in this case officer’s asserted belief that he was arriving at a volatile scene was not supported; “even if the person’s hands are not visible—and even if he appears to be suspiciously reaching for something in his clothing—these facts would not lead a reasonable officer to believe that the person posed an immediate threat of serious harm;” where decedent was not acting aggressively

Officer could not tase mentally disturbed subject “for refusing to stop and show his hands unless he had some other reason to fear for his safety,” “mere failure to follow orders would not lead a reasonable officer to believe that [the subject] posed a danger;” if subject fell to ground for some minutes after two applications of taser, then third taser application could not be justified; reversing qualified immunity for officer.