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.