192192P.pdf   06/22/2020  Jeremy Boudoin  v.  Terral Harsson
   U.S. Court of Appeals Case No:  19-2192
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit 
   Judges] 
   Civil case - Civil rights. It was reasonable for the defendant police 
   officer to believe Boudoin was attempting to evade arrest by resuming 
   flight on his motorcycle during a traffic stop; a reasonable officer could 
   conclude that Boudoin's actions in fleeing from several officers at speeds 
   exceeding 100 mph in evening traffic demonstrated an extreme indifference 
   to the value of human life; further, the officer could reasonably believe 
   that had Boudoin successfully fled he would have risked his safety and the 
   safety of other drivers and officers; given these circumstances, none of 
   the cases Boudoin relied on supported denying qualified immunity to the 
   officer who tased him, as none of the cases establish that the officer's 
   actions constituted excessive force; as a result, it was not clearly 
   established at the time of the incident that it constituted excessive 
   force in violation of the Fourth Amendment to use a taser, without 
   warning, against a suspect perceived as attempting to flee from officers; 
   thus the officer was entitled to qualified immunity on Boudoin's Section 
   1983 excessive force claim; the officer had statutory immunity under 
   Arkansas law on Boudoin's assault and battery claim because Boudoin failed 
   to show a triable issue as to whether the officer acted with malice.