Second officer who was present while first officer questioned plaintiff and arrested him before second officer drove arrestee to police station did not make the arrest and was not liable for false arrest or malicious prosecution.
Plaintiff was unarmed, injured, covered in his own blood, hanging from second-story window by his hands with feet dangling when officer punched him repeated in head with closed fist; “right of an injured, visibly unarmed suspect to be free from temporarily paralyzing force while positioned at a height that carries with it a risk of serious injury or death” was clearly established by “robust consensus of cases”; second officer who tased plaintiff after he fell to ground and was unconscious violated his clearly established right to be free from excessive force in the form of being tased while
Plaintiff was unarmed, injured, covered in his own blood, hanging from second-story window by his hands with feet dangling when officer punched him repeated in head with closed fist; “right of an injured, visibly unarmed suspect to be free from temporarily paralyzing force while positioned at a height that carries with it a risk of serious injury or death” was clearly established by “robust consensus of cases”; second officer who tased plaintiff after he fell to ground and was unconscious violated his clearly established right to be free from excessive force in the form of being tased while
Dismissal following suppression of evidence because search did not fall within exception to warrant requirement was not a favorable termination based on innocence.
A claim alleging unlawful arrest and pretrial detention that occur prior to a detainee’s first appearance before a court sounds in the Fourth Amendment—and not the Due Process Clause of the Fourteenth Amendment.
Plaintiff making a claim of injury due to tight handcuffs must prove officers were aware of her pain and failed to loosen them.