CA4: Wrestling a passive misdemeanant to ground and Tasing him was excessive force and unreasonable

It was clearly established at the time of the incident that wrestling a passive misdemeanant to the grown and beating him up and tapering him was unreasonable and excessive force. Livingston v. Kehagias, 2020 U.S. App. LEXIS 5681 (4th Cir. Feb. 25, 2020).

A police officer on duty in a marked police car in his own neighborhood saw a car that wasn’t local to the neighborhood. He started to follow, and the car was engaging in evasive behavior. By the time of the stop, he had reasonable suspicion. “Nervous, evasive behavior is a factor in determining reasonable suspicion. Another consideration is unprovoked flight upon noticing the police. Other pertinent circumstances include the officer’s own direct observations, dispatch information, directions from other officers, and the nature of the area and time of day during which the suspicious activity occurred.” State v. Krannawitter, 305 Neb. 66 (Feb. 21, 2020).*

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