10th Circuit

Trooper’s request that driver sit in patrol car did not turn traffic stop into arrest where driver needed to look on his cell phone for proof of insurance, trooper needed to call dispatch from patrol car, and driver complied with trooper’s request; reasonable officer would not necessarily have known that trooper’s conduct during traffic stop—including taking driver’s second cell phone, pointing gun at him, applying handcuffs, conducting pat down, and putting him in patrol car—elevated investigative detention into arrest; driver reacted angrily to seizure of his phone, trooper could have rea

Officer may conduct pat-down search of suspect only where he has reason to believe he's dealing with an armed and dangerous individual; presence in an area prone to drug use, alcohol use, and violence is insufficient.

Clearly established since at least 2008 that deployment of less-lethal munitions on an unthreatening protester who is neither committing a serious offense nor seeking to flee is unconstitutionally excessive force.

Deputy's use of force when seizing motorist for minor traffic violations was excessive even though motorist was openly carrying firearm; threat posed by armed suspect is assessed using set of nonexclusive factors, including: (1) whether officers ordered suspect to drop his weapon, and suspect's compliance with commands; (2) whether hostile motions were made with weapon towards officers; (3) distance separating officers and suspect; and (4) suspect's manifest intentions.

No probable cause for arrest for interrupting policeman in performance of duty based on verbal criticism protected by First Amendment, no qualified immunity.

No qualified immunity for take down maneuver against plaintiff who was verbally criticizing officer.

Plaintiff’s no contest pleas to aggravated flight and assault on a police officer were not inconsistent with her claim that officers used excessive force when they fired at her after she passed them and they were no longer in danger: “a reasonable use of force—such as when an officer is subject to a direct physical threat—may become unreasonable even seconds later when force persists after the threat has passed.

Use of firearms to detain subject of Terry stop was reasonable and did not escalate detention into arrest where officers reasonably suspected they were confronting a fugitive triple-murderer.

Where doctor was aware that prisoner who died from cervical cancer had been diagnosed with chlamydia, had been suffering hip and groin pain for weeks, had been complaining of ongoing and abnormal vaginal discharge and bleeding for weeks, had mild leukocytosis, had heavy E. Coli growth, and that symptoms were getting more severe, not less, provision of modicum of care would not defeat claim for deliberate indifference of provider or on gatekeeper theory.

Statute of limitations for civil claim for search, seizure, and arrest claims ran while criminal charges were still pending against defendant; not plain error for court to decline equitable tolling to extend statute until criminal case terminated.