Harris v. Pittman

Plaintiff filed suit under 42 U.S.C. 1983 alleging that defendant, a police officer, used excessive force in arresting plaintiff after an intense hand-to-hand struggle between the men. The Fourth Circuit reversed the district court's holding on remand that the officer was entitled to qualified immunity as a matter of law. The court held that the district court again based its qualified immunity holding on inferences drawn in favor of the officer, but it was obligated to construe the salient facts in the light most favorable to plaintiff, as the party opposing summary judgment.On plaintiff's version of the disputed facts, construed in the light most favorable to him, the court held that a reasonable jury could find a violation of plaintiff's clearly established Fourth Amendment rights. Therefore, the district court erred in awarding summary judgment to the officer because there remained genuine disputes of fact regarding the officer's entitlement to qualified immunity. View "Harris v. Pittman" on Justia Law