Soto v. Gaudett, No. 15-3764 (2d Cir. 2017)Annotate this Case
Defendants appealed the district court's motion for summary judgment dismissing on qualified immunity grounds an action brought under 42 U.S.C. 1983. Plaintiff, as conservator of the estate of his brother, Israel Soto, alleged the use of excessive force by the officers in connection with Soto's flight from police. The court held that Defendant Csech's appeal from the denial of his motion for summary judgment was properly before the court, but that the other appeals were not because they were not immediately appealable. In this case, Csech was entitled to qualified immunity because no precedent at the time established that a suspect who was fleeing had a right not to be stopped by means of a taser. In this case, the undisputed facts show that Soto was fleeing when Csech tased him. Accordingly, the court reversed in part and dismissed in part.