{"id":59559,"date":"2024-12-11T12:21:02","date_gmt":"2024-12-11T17:21:02","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59559"},"modified":"2024-12-11T12:21:12","modified_gmt":"2024-12-11T17:21:12","slug":"ca8-takedown-was-lawful-assault-thereafter-wasnt","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59559","title":{"rendered":"CA8: Takedown was lawful, assault thereafter wasn&#8217;t"},"content":{"rendered":"\n<p>Plaintiff\u2019s takedown was lawful, but not the assault after he was down. \u201cIt is even more clearly established now. A suspect&#8217;s \u2018right[] to be free from excessive force [is] violated if officers choke, kick, or punch [him] when [he is] restrained, not fighting, and not resisting.\u2019 Tatum v. Robinson, 858 F.3d 544, 552 (8th Cir. 2017) \u2026 With Tatum on the books nearly a year earlier, Officers Beeman and Gugliano would have \u2018known for certain that the[ir] conduct was unlawful\u2019 and that, once they crossed the line identified in that case, they would no longer be \u2018immune from liability\u2019 no matter how many expletives came their way. Ziglar v. Abbasi, 582 U.S. 120, 152 (2017); see Shannon, 616 F.3d at 865.\u201d <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/24\/12\/231650P.pdf\">Cartia v. Beeman<\/a>, 2024 U.S. App. LEXIS 31211 (8th Cir. Dec. 10, 2024).<\/p>\n\n\n\n<p>There was no reasonable suspicion defendant was armed just because he was slow getting out of his car and some ambiguous movements inside. United States v. Galindo, 2024 U.S. Dist. LEXIS 222544 (N.D.W. Va. Dec. 9, 2024).*<\/p>\n\n\n\n<p>Plaintiff was shot in the back while holding a bike lock, not a weapon. Questions of fact remain and summary judgment for the defense is inappropriate. Elena v. Jones, 2024 U.S. App. LEXIS 31172 (9th Cir. Dec. 9, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff\u2019s takedown was lawful, but not the assault after he was down. \u201cIt is even more clearly established now. A suspect&#8217;s \u2018right[] to be free from excessive force [is] violated if officers choke, kick, or punch [him] when [he is] &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59559\">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":[52,35],"tags":[],"class_list":["post-59559","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59559","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=59559"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59559\/revisions"}],"predecessor-version":[{"id":59560,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59559\/revisions\/59560"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59559"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59559"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59559"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}