Wednesday, May 15, 2013

Fifth Circuit -- Reynaldo Ramirez v. Jim Wells County, Texas

Qualified immunity for policemen on false arrest claim, as arrest (mit taser) was justified due to the resisting of arrest (pulling arm out of policemen's grasp).

Excessive force claim survives, as the plaintiff apparently didn't resist after the arm-pull and before being tasered while lying on the ground, handcuffed.

Dissent: The policeman might have thought that the plaintiff was planning to resist arrest at some point in the future.

Reynaldo Ramirez v. Jim Wells County, Texas
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.