Neal v. Ficcadenti

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The Eighth Circuit affirmed the district court's denial of summary judgment to a police officer based on qualified immunity in an action brought by plaintiff under 42 U.S.C. 1983, alleging that the officer applied excessive force when he brought plaintiff to the ground. The court held that, viewed in a light most favorable to plaintiff, the facts gave rise to a question of unreasonable and excessive force for the ultimate finder of fact. In this case, plaintiff neither posed a threat to anyone's safety nor resisted arrest at the time that the officer executed the arm-bar takedown, and therefore his right to be free from unreasonable and excessive force was violated. Furthermore, the right was clearly established at the time. View "Neal v. Ficcadenti" on Justia Law