\u201cViewing the evidence in the light most favorable to Rock, Miller allowed the canine to continue biting Rock even though he was unarmed, did not present an immediate threat to the officers or others, and did not resist or actively evade arrest. Watkins, 145 F.3d at 1093 (allowing canine to bite suspect for \u2018excessive duration\u2019 violated clearly established law); Mendoza v. Block, 27 F.3d 1357, 1362 (9th Cir. 1994) (observing that \u2018excessive force has been used when a deputy sics a canine on a handcuffed arrestee who has fully surrendered and is completely under control\u2019). Officer Miller is thus not entitled to qualified immunity.\u201d Rock v. Miller, 2024 U.S. App. LEXIS 20466 (9th Cir. Aug. 14, 2024).*<\/p>\n\n\n\n
\u201cBut the above-cited cases recognize that the presence of an \u2018immediate threat\u2019 is but a single factor in the analysis. Time-wise, the immediacy of the threat is obviously different when the threat of serious physical harm is letting a dangerous felon escape into the community, not a face-to-face encounter with the officer using deadly force. \u2018To determine whether a person is an immediate threat, an officer may consider both the person’s present and prior conduct.\u2019 \u2026 We consider the totality of the circumstances in evaluating excessive force claims, \u2018including the severity of the crime at issue.\u2019 \u2026 Deputy McClinton is entitled to qualified immunity from Arnold’s \u00a7 1983 excessive force claim.\u201d Arnold v. McClinton, 2024 U.S. App. LEXIS 20434 (8th Cir. Aug. 14, 2024).*<\/p>\n\n\n\n
The disputed facts don\u2019t resolve the excessive force claim here. Interlocutory appeal dismissed. Davis v. Allen, 2024 U.S. App. LEXIS 20459 (7th Cir. Aug. 14, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cViewing the evidence in the light most favorable to Rock, Miller allowed the canine to continue biting Rock even though he was unarmed, did not present an immediate threat to the officers or others, and did not resist or actively … Continue reading