Patrick v. Moorman

MEMORANDUM

DALZELL, District Judge.

Plaintiff Dustin Alphanso Patrick (“Patrick”) sues defendant Deputy Sheriff Michael Moorman (“Moorman”), asserting a single claim under 42 U.S.C. § 1983 of excessive force in violation of the Fourth Amendment. Patrick’s suit arises out of an incident in which he robbed a bank and then fled from the scene and attempted to elude pursuing police officers. During Patrick’s flight, Moorman shot Patrick with his Taser, causing Patrick to fall to the ground and sustain serious injuries.

Moorman has filed a motion for summary judgment in which he argues that (1) his…