Thompson v. Singleton, No. 16-4080 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's denial of qualified immunity at summary judgment for an officer in a 42 U.S.C. 1983 action alleging excessive force. The court held that the district court did not err in finding the officer's action in tasing plaintiff constituted a violation of his Fourth Amendment right to be free from excessive force and that the right was clearly established at the time. In this case, it was clearly established that intentionally tasering, without warning, an individual who has been stopped for a nonviolent misdemeanor and who was not resisting or fleeing while his hands were visible violated the Fourth Amendment right to be free from excessive force.