Stapleton v. Lozano,
Not clearly established at time of pretrial detainee's death that officer who did not obtain medical treatment for detainee exhibiting symptoms consistent with significant intoxication violated detainees due process rights.
Not clearly established at time of pretrial detainee's death that officer who did not obtain medical treatment for detainee exhibiting symptoms consistent with significant intoxication violated detainees due process rights.
When a warning is feasible, the failure to
warn adds to the unreasonableness of the use of deadly force, it does not automatically render use of deadly force unreasonable; awarding officer qualified immunity.
Previous case established that deadly force was unreasonable where plaintiff held knife to his own neck, was suicidal, no one else was threatened, plaintiff did not actively resist arrest, no effective warning was given to plaintiff, and whether other means of force were available raised genuine disputes of fact; qualified immunity denied.