F.4th, 2023 WL 2580785

Where officer had no reason to believe subject was armed, subject was critically injured and likely could not move, handcuffing subject was an arrest without probable cause under clearly established law.

Data showing Black drivers are stopped at higher rate and that higher rate of searches of Black drivers is unwarranted shows disparate impact, not discriminatory purpose and is insufficient to plead equal protection claim.

Failure to provide medical care to subject who had been shot several times, was bleeding, moaning, groaning from pain, and in obvious and critical need of emergency medical care violated clearly established rights.

Where reasonable officer would have known driver was unarmed, driver never reached out of officer’s sight, officer had taser he failed to use, officer never warned driver he would shoot, shooting driver would be excessive force and officer not entitled to qualified immunity.