CA4: Repeatedly tasering mentally ill man for refusing to release a pole was excessive force, but officers get QI

Decedent suffered from bipolar disorder and paranoid schizophrenia, and his sister convinced him to go to a hospital. However, he ended up in the street dodging traffic and behaving bizarrely, eating grass and putting his cigarette out on his tongue. The police arrived, and he grabbed onto a stop sign pole and refused to move. They awaited a commitment order which was finally issued. When decedent wouldn’t let go of the pole, he was Tased five times. Ultimately he was thrashing on the ground, and he was handcuffed and ankle cuffed face down. He said “I’m being choked” when nobody was, and he died. Tasering decedent as they did was excessive force because he wasn’t a threat at that time, and repeated Tasering is known to be counterproductive. But, the officers get qualified immunity because the law was not clearly established in April 2011 when this happened. Estate of Armstrong v. The Village of Pinehurst, 2016 U.S. App. LEXIS 380 (4th Cir. Jan. 11, 2016).