{"id":57571,"date":"2024-04-10T14:11:56","date_gmt":"2024-04-10T19:11:56","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57571"},"modified":"2024-04-10T14:12:17","modified_gmt":"2024-04-10T19:12:17","slug":"ca9-qi-for-punching-a-resisting-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57571","title":{"rendered":"CA9: QI for punching a resisting arrestee"},"content":{"rendered":"\n<p>The officer punching a resisting arrestee gets qualified immunity. \u201cBut these cases are too factually dissimilar to put the officers on notice that their conduct was unconstitutional. Unlike Ames&#8217;s proffered cases, where the plaintiffs were not resisting, it is undisputed that Ames resisted the officers&#8217; initial attempt to detain him, kicked Officer Payne, and clawed at Officer Conklin&#8217;s face. Ames points to no case holding that it is a violation of his constitutional rights for officers to use punches to detain a resisting arrestee.\u201d <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2024\/04\/08\/23-15609.pdf\">Ames v. City of Tempe<\/a>, 2024 U.S. App. LEXIS 8389 (9th Cir. Apr. 8, 2024).<\/p>\n\n\n\n<p>The totality here shows that defendant was in custody when he was questioned for six hours. He was taken in handcuffs from home to the police station and Mirandized. United States v. Hitchings, 2024 U.S. App. LEXIS 8318 (6th Cir. Apr. 4, 2024).* (It\u2019s more detailed than that, but that\u2019s the gist.)<\/p>\n\n\n\n<p>Plaintiff was leaving the Lenox Mall area of Atlanta and had to move a barricade that was put up because of protests that were going on. That wasn\u2019t illegal, and the stop of the car was without reasonable suspicion. Jackson v. City of Atlanta, 2024 U.S. App. LEXIS 8329 (11th Cir. Apr. 5, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer punching a resisting arrestee gets qualified immunity. \u201cBut these cases are too factually dissimilar to put the officers on notice that their conduct was unconstitutional. Unlike Ames&#8217;s proffered cases, where the plaintiffs were not resisting, it is undisputed &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57571\">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":[1],"tags":[],"class_list":["post-57571","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57571","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=57571"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57571\/revisions"}],"predecessor-version":[{"id":57573,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57571\/revisions\/57573"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57571"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57571"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57571"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}