CA9: It is clearly established that using “intermediate force” against a nonresisting arrestee is unreasonable

It was clearly established that using “intermediate force” against a nonresisting arrestee is unreasonable. “To be clear, we are generally loath to second-guess law enforcement officers’ actions in a dangerous situation by analyzing each act without looking at the entire event and considering the officers’ mindset amid the uncertainty and chaos. We should not scrutinize an officer’s every minor move in a frantic and chaotic situation as if we were examining the Zapruder film in slow-motion. But here, Pralgo and Callahan-English had two minutes to realize that Hyde—who was handcuffed, shackled, and exhausted—could no longer resist and did not pose a threat. It is clearly established that officers cannot use intermediate force when a suspect is restrained, has stopped resisting, and does not pose a threat. These two officers thus cannot shield themselves by invoking qualified immunity. We affirm this aspect of the district court’s ruling.” Hyde v. City of Wilcox, 2022 U.S. App. LEXIS 375 (9th Cir. Jan. 6, 2022).