Opinion

Rafael Correa v. James Simone, Jr.

  • 528 F. App'x 531
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 12, 2013
Status
Unpublished
Author
Rogers
On the bench
Martin, Rogers, Tarnow
Cited by
14 cases

holding that crime was severe enough to weigh in favor of police use of taser where the police broadcast described an “assault by a man with a firearm.”

How later courts described this case

  • holding that crime was severe enough to weigh in favor of police use of taser where the police broadcast described an “assault by a man with a firearm.”
  • finding no immediate threat of harm, and ultimately finding excessive force, where arrestee — who was armed — had put his hands in the air, ceased resisting, and made no evasive movements
  • stating that “spitting on someone does not generally constitute assault in Ohio,” absent some additional evidence
  • collecting Sixth Circuit cases

Written by the judges who cited it.

The opinion

ROGERS, Circuit Judge,

dissenting.

When Officer Simone apprehended Cor-rea, he did not have fair warning that it was unconstitutional to tase a suspect who he believed possessed a gun, even if the suspect was not actively resisting arrest. The plaintiff points to no case in which a court disapproved of the use of a taser when a suspect was believed to possess a firearm, and qualified immunity therefore required summary judgment for Simone on the federal excessive force claim.

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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