Glasscox v. City of Argo, No. 16-16804 (11th Cir. 2018)
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Plaintiff filed a 42 U.S.C. 1983 action against a police officer and the city, alleging claims of excessive force. In this case, plaintiff was experiencing an episode of diabetic shock when he lost control of his car, came to a stop at an interstate median, and was tased four times by the officer as he attempted to comply with the officer's orders.
The Eighth Circuit affirmed the district court's denial of defendants' motions to dismiss, holding that the officer was not entitled to qualified immunity at this stage of the case. The court also held that plaintiff, for purposes of summary judgment, established a constitutional violation. Therefore, the district court properly denied the city's motion for summary judgment.
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