CA2: Slamming head of nonresisting arrestee excessive

The district court erred in entering summary judgment for officers in an excessive force claim. It was clearly established that slamming an unresisting detainee’s head into a car doorframe was excessive. Ketcham v. City of Mt. Vernon, 2021 U.S. App. LEXIS 8996 (2d Cir. Mar. 29, 2021).*

The defendant Denver officers surrounded plaintiff who video recorded an arrest to obtain his video. They allegedly searched his tablet to access the video, which plaintiff at first lied about having recorded. Because of a split in case law in this circuit and other circuits, the law was not clearly established enough for qualified immunity for First Amendment retaliation or unreasonable search. Frasier v. Evans, 2021 U.S. App. LEXIS 9076 (10th Cir. Mar. 29, 2021).*

Defendant officers’ actions did not clearly violate the Fourth Amendment by being excessive force. Therefore, qualified immunity applies. Cibulka v. City of Madison, 2021 U.S. App. LEXIS 9084 (7th Cir. Mar. 29, 2021).*

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