Short burst of pepper spray against protestor was not excessive, where officer reasonably believed protestor entered police barricade and rapidly approached officers from behind and put his arms out toward officer’s bicycle, despite fact that video footage depicted plaintiff slowly backing away from officer; evidence insufficient to show that officer retaliated against protestor for speech.
Officer who punched plaintiff, knocking him to ground and hovering over him menacingly, seized plaintiff, although he did not intend to arrest him, because reasonable person would not believe he was free to leave, even if only for a brief period of time.
Corrections officers are not constitutionally obligated to override the judgment of medical professionals unless they have reason to know that an inmate is receiving inadequate treatment, even when inmate is in obvious distress and medical staff has misdiagnosed an inmate or accused him of faking a real illness.
School resource officer used excessive force by grabbing student’s face, slamming him to ground, and twisting his arm, where student was not aggressive, did not pose immediate threat or disobey officer’s commands, was not attempting to flee, and officer was not attempting to arrest student at the time; no qualified immunity.
Excessive force claim not barred by Heck, not inconsistent with conviction for resisting arrest and obstructing officer, based on analysis of elements; factual disputes precluded determination of whether force was excessive; officer entitled to qualified immunity in any event because not clearly established that using takedown maneuver to throw arrestee to ground while she was resisting arrest but did not pose danger to officer or others would violate her rights.
Clearly established that police may not use force against high school student not committing crime, no threat to others, and not resisting or attempting to flee.
Assuming plaintiff did not actively resist arrest, taking him to ground, beating him, and fracturing his wrist would violate clearly establish rights and foreclose qualified immunity.
One has the right to be free from physical force and use of taser when one is not actively resisting police.
Use of stun gun against arrestee laying on ground with arms above head and legs crossed following high-speed chase did not violate Fourth Amendment; “a suspect cannot refuse to surrender and instead lead police on a dangerous hot pursuit—and then turn around, appear to surrender, and receive the same Fourth Amendment protection from intermediate force he would have received had he promptly surrendered in the first place.
Officer violates the Fourth Amendment by tackling and piling on top of a “relatively calm,” non-resisting suspect who posed little threat of safety without any prior warning and without attempting a less violent means of effecting an arrest.