{"id":9367,"date":"2013-08-30T07:58:30","date_gmt":"2013-08-30T07:58:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-30T07:58:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9367","title":{"rendered":"CA6: Tasering handcuffed suspect on ground unreasonable"},"content":{"rendered":"<p>Qualified immunity improperly granted to police officer who Tasered a handcuffed suspect lying on the ground. Questions of fact remained in this 1983 case. If the jury believes plaintiff, it was unreasonable. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0785n-06.pdf\">Wells v. City of Dearborn Heights<\/a>, 2013 U.S. App. LEXIS 17926, 2013 FED App. 0785N (6th Cir. August 26, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Moving to Mueller&#8217;s tasing of Wells, we find that, taking Wells&#8217;s story as true, Mueller did indeed employ excessive force. According to Wells, Mueller tased him after he was handcuffed and lying on the ground. Wells recounts that once he was on the ground, he shouted profanities at Mueller and attempted to &#8220;turn[] my body around, all the way around[,]trying to get on my back and my butt just to see what was going on.&#8221; Although Mueller claims that Wells also was kicking at him and trying to stand back up, Wells specifically denies kicking Mueller or attempting to regain his footing. Thus, because there is a genuine dispute of material fact concerning the circumstances surrounding Mueller&#8217;s tasing of Wells, we must resolve this dispute in favor of Wells at this stage of the litigation and assume that it was only Wells&#8217;s attempt to roll over, while handcuffed and still lying on the ground, that prompted Mueller to tase him. Based on this version of the facts, it was unreasonable for Mueller to tase Wells.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9367\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9367","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9367","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9367"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9367\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9367"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9367"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9367"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}