Opinion

Jesse Daniel Buckley v. Hon. Bobby Haddock

  • 292 F. App'x 791
Court
Court of Appeals for the Eleventh Circuit
Filed
Sep 9, 2008
Status
Unpublished
Author
Dubina
On the bench
Dubina, Edmondson, Martin
Cited by
41 cases

holding that an officer’s use of a taser three times was not excessive force when the handcuffed plaintiff sat on the ground with his legs crossed and refused to walk to the police car

How later courts described this case

  • holding that an officer’s use of a taser three times was not excessive force when the handcuffed plaintiff sat on the ground with his legs crossed and refused to walk to the police car
  • finding no excessive force when officer used taser in drive-stun mode against a handcuffed subject that was lying- on the ground, refusing to stand and crying
  • holding that repeated ECD usage on a non-compliant suspect during an arrest on the side of a busy highway at night was objectively reasonable
  • explaining that the government has a “significant interest in enforcing the law on its own terms, rather than on terms set by the arrestee”

Written by the judges who cited it.

The opinion

DUBINA, Circuit Judge,

concurring specially:

Although I believe that Deputy Rack-ard’s conduct of applying the taser on the third occasion violated the Constitution, nevertheless, I agree with Chief Judge Edmondson that such violation was not clearly established. Accordingly, I agree that we should reverse the district court’s denial of summary judgment based on qualified immunity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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