78 F.4th 1267

Brooks v. Miller

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:02

Clearly established that it was excessive force to slam person into a car during arrest for relatively minor offense when suspect did not endanger anyone else, did not resist, and did not attempt to escape, and that officers could not engage in additional unnecessary force, such as gratuitously overtightening handcuffs and refusing to adjust them in response to complaints of “excruciating pain” followed by numbness; no qualified immunity.

Brooks v. Miller

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:02

Not clearly established that officer acted with deliberate indifference to arrestee's complaints that handcuffs were causing numbness and injury if he drove about 25 minutes to jail where arrestee could receive medical attention, instead of stopping on road or driving to a nearby hospital for medical assistance; qualified immunity.