Lash v. Lemke, No. 13-5308 (D.C. Cir. 2015)
Annotate this CasePlaintiff filed suit against law enforcement officers, alleging violations of his First and Fourth Amendment rights, after he was tased when resisting arrest at an Occupy D.C. encampment. The district court concluded that the officers were protected by qualified immunity against plaintiff's claims because the officer's use of the Taser did not violate the Constitution. The court agreed with the district court that qualified immunity shields the officers from plaintiff's Fourth Amendment claim, but on different grounds. The court held that a person actively resisting arrest does not have a clearly established right against a single use of a Taser to subdue him. The court also granted summary judgment to the officers on the First Amendment claim where plaintiff failed to meaningfully advance the argument on appeal.
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