finding a single violent blow to the head of a minor-crime suspect with a flashlight was excessive even though he had shown resistance
How later courts described this case
- finding a single violent blow to the head of a minor-crime suspect with a flashlight was excessive even though he had shown resistance
- striking a suspect in the head with a heavy flashlight or other blunt instrument at least poses a “substantial risk of serious bodily injury,” and constitutes deadly force
- a single blow to a suspect’s head with a blunt instrument was excessive
- “Reasonable officers in [the defendant]’s situation would not have violently struck a misdemeanor suspect, who was being subdued by several officers, in the head with a blunt object to effectuate an arrest for violating the city’s open container ordinance.”
Written by the judges who cited it.
The opinion
EDMONDSON, Chief Judge,
Concurring in the Result in Part and Dissenting in Part:
I concur in the result except for Officer Long. In my judgment, Officer Long is also entitled to immunity. The preexisting law did not clearly establish what Officer Long did was a violation of federal law.