F.3d, 2020 WL 7756320

Plaintiff alleged that officers were deliberately indifferent and allowed him to be assaulted in custody; court declines to extend Kingsley to deliberate indifference claims, relying on its decision in Strain v. Regalado, 977 F.3d 984 (10th Cir. 2020) (claim of alleged medical indifference), and found there was no subjective indifference in this case, thus no liability, because the time interval between when the officer became aware of the attack on plaintiff and when he responded was too short to conclude his response was unreasonable.

After pleading no contest, plaintiff had been convicted of two counts of assault and battery on a police officer; the court ruled, “An excessive-force claim against an officer is not necessarily inconsistent with a conviction for assaulting the officer,” and analyzed the incident in detail, concluding that plaintiff had alleged some of the excessive force he complained of took place after he no longer posed a threat, and that Heck would not bar those claims.