CA11: When “[n]o force was justified, … any force was excessive.”

“We agree with the district court that Officer Kahl’s use of force was unreasonable. Although Officer Kahl’s actions did not result in severe physical harm, they were not proportional to the situation. The severity of injury may be evidence of how much force was used, but we must evaluate the justification for the use of force, not the result of that force. When Officer Kahl hit Roberts with the body of his taser, Roberts was already on the ground and complying with his verbal commands. No force was justified, so any force was excessive.” Roberts v. Kahl, 2021 U.S. App. LEXIS 2908 (11th Cir. Feb. 3, 2021).

Plaintiff sued over a body slam assault in the book-in area of a county jail. The video and representations of the parties show a fact question for trial on whether that kind of force was even necessary. Plaintiff was agitated, but it did not appear on video that he touched any guard. Qualified immunity denied. MacKintrush v. Pulaski County Sheriff’s Department, 2021 U.S. App. LEXIS 3216 (8th Cir. Feb. 5, 2021).

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