Where an officer challenged the denial of qualified immunity in an excessive-force case in which the plaintiff claimed that the officer violated his rights by shocking him with a Taser while he was incapacitated, the appellate court lacked jurisdiction over ...

Tagged with: excessive force jurisdiction Qualified Immunity

Where a woman who suffered a fractured collarbone in an altercation with a police officer brought an action for excessive force, the denial of qualified immunity to the officer is reversed and remanded because it was not clearly established that ...

Tagged with: excessive force Qualified Immunity

Defendant, a state trooper, stopped plaintiff for suspected DUI. When plaintiff refused to comply with defendant’s instructions, defendant took plaintiff to the ground, breaking her knee. Plaintiff filed a §1983 action alleging excessive force and unlawful seizure. The district court ...

Tagged with: 42 U.S.C. §1983 excessive force Qualified Immunity

Plaintiff, an elementary school student, sued under 42 U.S.C. §1983, alleging that defendants unreasonably seized him and used excessive force by handcuffing him. Defendants moved for summary judgment based on qualified immunity. The district court concluded that disputed material facts ...

Tagged with: 42 U.S.C. §1983 excessive force Qualified Immunity

SWAT officers arrived at what they believed to be an apprehended homicide suspect’s home to search for evidence. A woman inside the home answered the door and indicated she would unlock the front screen for officers. However, they threw a ...

Tagged with: 42 U.S.C. §1983 Deliberate Indifference excessive force

A Benton police officer shot and killed 17-year-old Keagan Schweikle. His parents filed a §1983 action against the officer, the chief of police and the city. The district court granted defendants summary judgment, finding that the officer was entitled to ...

Tagged with: 42 U.S.C. §1983 excessive force Qualified Immunity

  Plaintiff filed suit against defendant police officers after they followed him home to issue a disturbance citation and ultimately used a stun gun on plaintiff and burst into plaintiff’s home after he retreated inside. The district court granted summary ...

Tagged with: 42 U.S.C. §1983 excessive force unlawful arrest

Where a plaintiff brought claims of civil-rights violations after his encounter with police at a rest area, the police officer was entitled to qualified immunity after the first encounter because it was consensual and involved no coercion or restraint, and ...

Tagged with: excessive force Qualified Immunity Unlawful Seizure

Plaintiff appealed from the dismissal of her excessive force and related claims against defendants, arising from police defendants’ use of deadly force against plaintiff’s son, who allegedly fled from officer, was armed and fired at the pursuing officers. Where no ...

Tagged with: excessive force Failure to Provide Adequate Medical Care Negligent Hiring

Where appellant challenged the grant of qualified immunity to officers and summary judgment to a sheriff and county on her claims of excessive force, a reasonable officer could have believed that the appellant was resisting arrest and posed a safety ...

Tagged with: excessive force Qualified Immunity

  Plaintiff filed suit against defendants under 42 U.S.C. §1983, alleging he suffered injuries at the hands of defendants. The district court granted summary judgment to defendants, ruling that plaintiff had filed his suit after the expiration of the statute ...

Tagged with: 42 U.S.C. §1983 civil rights excessive force Statute Of Limitations