No prior showing of probable cause is required for a penal summons because there is no arrest or custody under Gerstein v. Pugh. State v. Thompson, 2020 Haw. App. LEXIS 151 (Apr. 24, 2020).
The district court properly denied qualified immunity on plaintiff’s Fourth Amendment excessive force claim because Gutierrez v. City of San Antonio was adequate authority to put the officers on notice that hog-tying a nonviolent, drug-affected person in a state of drug-induced psychosis and placing him in a prone position for an extended period was objectively unreasonable. Goode v. Baggett, 2020 U.S. App. LEXIS 13287 (5th Cir. Apr. 24, 2020).