994 F.3d 157

Peroza-Benitez v. Smith

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 02:39

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