A summary is available in the May issue of the FLETC Informer.
Perea v Baca: The 10th Circuit upheld a court ruling in New Mexico denying qualified immunity to the officers in a lawsuit based on excessive force for extended use of a taser. The court said, "It is—and was at the time of Perea’s death—clearly established law in the Tenth Circuit that the use of disproportionate force to arrest an individual who is not suspected of committing a serious crime and who poses no threat to others constitutes
excessive force. Fogarty, 523 F.3d at 1160; Casey, 509 F.3d at 1281, 1285 (use of force, including a taser, against a suspect who committed only a nonviolent
misdemeanor, and who did not struggle against officers until the officers employed force, was unlawful). More specifically, it is likewise clearly established that officers may not continue to use force against a suspect who is effectively subdued. . .See, e.g., Fancher v. Barrientos, 723 F.3d 1191, 1201 (10th Cir. 2013) (although a single shot by an officer may have been justified, the following six shots were clearly unlawful because they occurred after arrestee no longer posed a threat of serious harm)."