DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
133095P.pdf 07/16/2014 Dwain Smith v. Conway County, Arkansas
U.S. Court of Appeals Case No: 13-3095
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Benton and Kelly, Circuit Judges]
Civil case - Civil rights. In action alleging defendants violated
plaintiff's civil rights when they tased him while he was being held as
pretrial detainee at the Conway County jail, defendants were entitled to
qualified immunity with respect to the first tasing as it was done after
plaintiff kicked an officer and the use of the taser was a good faith
effort to maintain and restore discipline and not malicious or sadistic;
however the officers were not entitled to qualified immunity with respect
to plaintiff's second tasering as a jury could find plaintiff was
nonviolent and that there were no security or disciplinary basis for the
tasering; since one of the taserings was done in violation of plaintiff's
constitutional right to be free from excessive force, the jail
administrator was not entitled to qualified immunity on plaintiff's
failure to train and supervise claim.