{"id":28001,"date":"2017-07-10T00:00:29","date_gmt":"2017-07-10T05:00:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28001"},"modified":"2017-07-09T07:27:39","modified_gmt":"2017-07-09T12:27:39","slug":"ca11-punching-ptf-in-the-face-because-of-apparent-threat-to-officer-was-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=28001","title":{"rendered":"CA11: Punching ptf in the face because of apparent threat to officer was QI"},"content":{"rendered":"<p>Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. \u201cViewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young men. He saw one of them, Avery, chasing someone from the other group, apparently in an effort to continue the brawl. Davis saw Avery continuing to run full speed in his direction despite the fact that his police car&#8217;s blue lights were illuminated, and despite the fact that he was wearing a police uniform. \u2018An objectively reasonable officer\u2019 in Davis&#8217; situation, confronted with that set of facts, \u2018could have believed the use of force was not excessive.\u2019 See Brown, 608 F.3d at 738. As a result, the district court erred in denying Davis qualified immunity as to the excessive force claim.\u201d <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201616937.pdf\">Avery v. Davis<\/a>, 2017 U.S. App. LEXIS 12058 (11th Cir. July 6, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punching plaintiff in the face was objectively reasonable on these facts, and the officer is entitled to qualified immunity. \u201cViewing the evidence in the light most favorable to Avery, Davis saw a brawl break out between two groups of young &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=28001\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,52,40],"tags":[],"class_list":["post-28001","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28001","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28001"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28001\/revisions"}],"predecessor-version":[{"id":28002,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28001\/revisions\/28002"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28001"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28001"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28001"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}