{"id":51041,"date":"2022-01-07T05:06:45","date_gmt":"2022-01-07T10:06:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51041"},"modified":"2022-01-07T05:06:45","modified_gmt":"2022-01-07T10:06:45","slug":"ca9-it-is-clearly-established-that-using-intermediate-force-against-a-nonresisting-arrestee-is-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51041","title":{"rendered":"CA9: It is clearly established that using \u201cintermediate force\u201d against a nonresisting arrestee is unreasonable"},"content":{"rendered":"\n<p>It was clearly established that using \u201cintermediate force\u201d against a nonresisting arrestee is unreasonable. \u201cTo be clear, we are generally loath to second-guess law enforcement officers&#8217; actions in a dangerous situation by analyzing each act without looking at the entire event and considering the officers&#8217; mindset amid the uncertainty and chaos. We should not scrutinize an officer&#8217;s every minor move in a frantic and chaotic situation as if we were examining the Zapruder film in slow-motion. But here, Pralgo and Callahan-English had two minutes to realize that Hyde\u2014who was handcuffed, shackled, and exhausted\u2014could no longer resist and did not pose a threat. It is clearly established that officers cannot use intermediate force when a suspect is restrained, has stopped resisting, and does not pose a threat. These two officers thus cannot shield themselves by invoking qualified immunity. We affirm this aspect of the district court&#8217;s ruling.\u201d <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2022\/01\/06\/21-15142.pdf\">Hyde v. City of Wilcox<\/a>, 2022 U.S. App. LEXIS 375 (9th Cir. Jan. 6, 2022).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was clearly established that using \u201cintermediate force\u201d against a nonresisting arrestee is unreasonable. \u201cTo be clear, we are generally loath to second-guess law enforcement officers&#8217; actions in a dangerous situation by analyzing each act without looking at the entire &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51041\">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":[52,40],"tags":[],"class_list":["post-51041","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51041","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=51041"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51041\/revisions"}],"predecessor-version":[{"id":51042,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51041\/revisions\/51042"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51041"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51041"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51041"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}