Herman Harris v. Zachary Pittman

PAMELA HARRIS, Circuit Judge:

This is the second time we have addressed this § 1983 action, in which plaintiff Herman Harris alleges that police officer Zachary Pittman used excessive force in arresting him after an intense hand-to-hand struggle between the men. Previously, we reversed the district court's grant of summary judgment to Officer Pittman on qualified immunity grounds, finding that the district court erred when it failed to construe the evidence in the light most favorable to Harris. On remand, the district court again held that Pittman is entitled to qualified immunity as a matter…