Excessive Force

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.

Clearly established that it was excessive force to slam person into a car during arrest for relatively minor offense when suspect did not endanger anyone else, did not resist, and did not attempt to escape, and that officers could not engage in additional unnecessary force, such as gratuitously overtightening handcuffs and refusing to adjust them in response to complaints of “excruciating pain” followed by numbness; no qualified immunity.

Pointing firearm at suspect
who was not actively resisting, pursuant to officer’s belief suspect was obstructing
investigation of domestic dispute, would violate clearly established law regarding
excessive force.

Not clearly
established as of November 2016 that use of force to disperse a crowd constitutes a
seizure; concluding from that the need for training and supervision on dispersal of
protestors was not so obvious that it can be characterized as deliberate indifference to
the protestors’ rights to be free from unreasonable seizures; for same reason,
insufficient showing of deliberate indifference by supervisors.

Clearly established that officers used excessive force if they slammed person into car during arrest for a relatively minor offense when suspect did not endanger anyone else, did not resist, and did not attempt to escape and that officers could not engage in additional unnecessary force, such as gratuitously overtightening handcuffs and refusing to adjust them in response to complaints of “excruciating pain” followed by numbness.

Clearly established that handcuffing unarmed and seriously injured suspect without probable cause violated Fourth Amendment.

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.