DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
164080P.pdf 07/06/2018 Sheldon Thompson v. Ray Singleton
U.S. Court of Appeals Case No: 16-4080
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Kelly, Author, with Loken and Gruender, Circuit Judges]
Civil case - Civil rights. The district court did not err in denying the
defendant police officer's motion for summary judgment based on qualified
immunity in this excessive force action as the facts were disputed and
accepting as true plaintiff's version of the facts, 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;
at the time of the incident, it was clearly established that intentionally
tasering, without warning, an individual who has been stopped for a
nonviolent misdemeanor and who is not resisting or fleeing while his hands
are visible violates the Fourth Amendment right to be free from excessive
force.