Excessive Force

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.

If officer struck plaintiff in the head with his pistol when he was handcuffed and posed no immediate threat to others, officer violated clearly established rights.

Officers had qualified immunity for restraining deceased who said he was overdosing on cocaine by crossing his ankles and folding his legs at the knee toward his buttocks, while one officer used his knee on suspect’s upper back while he was lying face first on the ground and resisting, but officers did not hobble him and did not apply compression to his chest; law was not clearly established.

Although offense of public intoxication was not serious and arrestee did not pose immediate threat of safety to officers or others, because she was actively resisting arrest and moving away from officers and her injuries were minor, restraining her arms and performing takedown did not violate her 4th Amendment rights.

Forcibly gang tackling subject who was unarmed and not engaging in aggressive, threatening, or evasive behavior, without warning and without consideration of less intrusive alternatives, would violate clearly established rights.

Officers used excessive force when they found plaintiff asleep in driver’s seat of running vehicle, smelled alcohol, forced him to the ground, sat on him, and peppered sprayed him; no qualified immunity.