Plaintiff’s decedent was in a foot chase with officers after a shoplifting incident. He was winded, obese, and, unknown to officers, had a heart condition. He was handcuffed behind his back and died from lack of oxygen in his blood. The officers get qualified immunity because no case says that these circumstances lead to an excessive force claim. Day v. Wooten, 2020 U.S. App. LEXIS 825 (7th Cir. Jan. 10, 2020).
Denial of qualified immunity for excessive force can’t be appealed when there’s disputed questions of fact for trial. Adams v. Blount Cty., 2020 U.S. App. LEXIS 574 (6th Cir. Jan. 7, 2020).*