Week of February 4, 2025

Plaintiff pled plausible retaliation claim against city manager and police officers, alleging that he criticized city manager at meetings, that officers convinced prosecutor to charge him with stalking city manager, and that no reasonable and prudent person would believe that any of his alleged actions—driving two cars behind city manager on main access road three years earlier, presence while city manager was campaigning in public three years earlier, and gathering in city hall parking lot with other individuals after city council meetings—qualified as harassment.

Whether takedown maneuver to subdue arrestee was reasonable was for jury in light of evidence that officer grabbed arrestee from behind without identifying himself, that, although arrestee initially resisted officer, arrestee submitted to officer and raised his hands once he realized it was officer, rather than one of his friends, that had grabbed him, that arrestee was not trying to attack anyone at that time, and that takedown caused arrestee to hit his head on pavement; right to be free from an increased use of force after arrestee has submitted to arrest and put up his hands was clearly

Not clearly established that decision to immediately run unresponsive inmate from prison's common area to medical treatment room, rather than to permit nurses on site to provide medical assessment, violated Eighth Amendment; officers had initially attempted to obtain on-scene medical assistance but had to send nurses away due to inmate's violent behavior, officers acted in good faith and reasonable belief that medical unit would be more private, more secure, and have better medical equipment.

Court could not consider exhibits relating to police investigation on motion to dismiss; police report, timeline of events, and criminal complaint against resident could not be used on motion to dismiss to establish truth about what officers learned in their investigation.