{"id":51872,"date":"2022-03-21T08:15:34","date_gmt":"2022-03-21T13:15:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51872"},"modified":"2022-03-21T08:15:34","modified_gmt":"2022-03-21T13:15:34","slug":"ca9-two-on-qi-pepper-spraying-and-tasering","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51872","title":{"rendered":"CA9: Two on QI: pepper spraying and Tasering"},"content":{"rendered":"\n

Officer denied qualified immunity for pepper-spraying a non-violent protester in the face. \u201cIn sum, every reasonable officer had notice at the time of the incident that, if reasonable alternatives are available, even in somewhat chaotic circumstances, he or she cannot pepper-spray a person who has committed no serious crime and who is not a threat to anyone’s safety.\u201d Senn v. Smith<\/a>, 2022 U.S. App. LEXIS 7129 (9th Cir. Mar. 18, 2022) (2-1).*<\/p>\n\n\n\n

Tasering plaintiff after resistance may have subsided was not violative of clearly established law. \u201cGiven this case law, Turner did not meet his burden of establishing that existing controlling precedent, or precedent embraced by a \u2018consensus\u2019 of courts outside our circuit, squarely governed Johnigan’s use of force. \u2026 Nor is Johnigan’s taser use so patently violative of constitutional rights that a reasonable officer would know without guidance from the courts that Johnigan’s taser use was unconstitutional.\u201d Turner v. Johnigan<\/a>, 2022 U.S. App. LEXIS 7135 (th Cir. Mar. 18, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officer denied qualified immunity for pepper-spraying a non-violent protester in the face. \u201cIn sum, every reasonable officer had notice at the time of the incident that, if reasonable alternatives are available, even in somewhat chaotic circumstances, he or she cannot … Continue reading →<\/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-51872","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\/51872","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=51872"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51872\/revisions"}],"predecessor-version":[{"id":51873,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51872\/revisions\/51873"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51872"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51872"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51872"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}