If officer fired taser at suspect while he was in a precarious position atop an eight-foot wall, temporarily paralyzing him and causing him to fall, break his neck, and die, the force was excessive and violated clearly established law.
Prolonging use of Taser for 15 seconds after plaintiff began complying with officer’s commands, got out of his car, and lay down on ground, was excessive force, right was clearly established in Sept. 2014.
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
Firing tasers at man threatening to kill himself and burn down house with other people present, as he stood in bedroom that smelled of gas, holding gas can, poured gas over himself, and held an object in his hand that appeared to be a lighter, causing him to burst into flames causing his death, did not constitute excessive force, despite officer’s warning that use of taser would light man on fire.
Officer who tased juvenile three times in drive stun mode while she was having an epileptic seizure and was being held down by four other officers, with officer subsequently claiming that she was incapable of making a rational decision, had only a tenuous grasp on reality, and therefore posed a risk to herself and others, violated Fourth Amendment and was not entitled to qualified immunity.
Law was not clearly established that officer’s tasing in the back arrestee who ran and suddenly turned with arms moving in manner suggesting reaching for weapon constituted excessive force, thus officer entitled to qualified immunity.
Clearly established in 2014 that tasing cooperative, nonthreatening misdemeanant in the back was objectively unreasonable.
Clearly established in October 2013 that use of taser against suspect who was no longer fleeing or resisting constituted excessive force.
Use of taser without warning against plaintiff who had ceased actively resisting was objectively unreasonable and violated clearly established rights.
Officer entitled to qualified immunity for tasing subject lying on his stomach with one hand underneath him and refusing to give his hand to officer.